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 Na-
tional Monument, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Castle Clinton Na-
tional Monument and Battery Castle Clinton National 
Monument and Battery Conservancy Partnership Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Mar 15 2010 
04:49 Feb 28, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H788.IH
H788
tjames on DSK6SPTVN1PROD with BILLS
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the National Park Service. 
(2) BATTERY CONSERVANCY.—The term ‘‘Bat-
tery Conservancy’’ means the battery Conservancy of 
New York City, New York, a 501(c)(3) organization, 
or a successor not-for-profit organization. 
(3) 
MONUMENT.—The 
term 
‘‘Monument’’ 
means the Castle Clinton National Monument in 
New York City, New York. 
(4) FACILITY.—The term ‘‘Facility’’ means the 
proposed performance facility and associated struc-
tures and fixtures described in the 1997 General 
Management Pan for the Castle Clinton National 
Monument. 
SEC. 3. AGREEMENT. 
(a) IN GENERAL.—The Secretary is authorized to 
enter into one or more agreements with the Battery Con-
servancy providing for the design, construction, mainte-
nance, and operation of the Facility. 
(b) TERMS AND CONDITIONS.—Any agreement en-
tered into under subsection (a) shall assure that— 
(1) the Battery Conservancy is solely respon-
sible for all costs of design and construction of the 
Facility; 
VerDate Mar 15 2010 
04:49 Feb 28, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H788.IH
H788
tjames on DSK6SPTVN1PROD with BILLS
(A) used by the Battery Conservancy for 
operation and maintenance of the Facility; 
(B) held in reserve, in an interest-bearing 
account, by the Battery Conservancy to pay fu-
ture operational and maintenance costs; 
(C) used by the Battery Conservancy for 
other Monument-related activities; or 
(D) transferred to the National Park Serv-
ice for use in operating, maintaining, enhanc-
ing, or interpreting the Monument; 
(7) the National Park Service has exclusive use 
of the Facility during normal Monument operating 
hours, except as otherwise agreed to by the Sec-
retary; and 
(8) the resources of the Monument, and the 
public interest, are protected through any terms and 
conditions that the Secretary deems necessary. 
SEC. 4. RETENTION OF FUNDS FOR PARK PURPOSES. 
The Secretary is authorized to retain and use until 
expended, without further appropriation, any funds that 
are received by the Secretary from the Battery Conser-
vancy in accordance with this Act, for the purposes of op-
erating, maintaining, enhancing, or interpreting the 
Monument. 
VerDate Mar 15 2010 
04:49 Feb 28, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H788.IH
H788
tjames on DSK6SPTVN1PROD with BILLS
SEC. 5. INTERPRETIVE AND EDUCATIONAL PROGRAMS. 
Notwithstanding the Federal Grant and Cooperative 
Agreement Act of 1977 (31 U.S.C. 6301–6308), the Sec-
retary may enter into a cooperative agreement with the 
Battery Conservancy for interpretive and educational pro-
gramming related to the Monument, which may include 
operation and maintenance costs of the Facility related to 
such programming. 
SEC. 6. OWNERSHIP AND ADMINISTRATION OF FACILITY. 
(a) OWNERSHIP.—The Facility shall be owned by the 
United States and at no time shall the Battery Conser-
vancy have any ownership interest, leasehold interest, or 
other right or interest in the Facility. 
(b) ADMINISTRATION.—The Facility shall be admin-
istered by the National Park Service as part of the Monu-
ment and shall be subject to all laws, regulations, and poli-
cies applicable to the Monument except as otherwise pro-
vided this Act. 
Æ 
VerDate Mar 15 2010 
04:49 Feb 28, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H788.IH
H788
tjames on DSK6SPTVN1PROD with BILLS