I
104TH CONGRESS
1ST SESSION
H. R. 2188
To establish in the Department of the Interior the Essex National Heritage
Area Commission, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1995
Mr. TORKILDSEN (for himself and Mr. MEEHAN) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To establish in the Department of the Interior the Essex
National Heritage Area Commission, 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. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) Essex County, Massachusetts, was host to
a series of historic events that influenced the course
of the early settlement of the United States, its
emergence as a maritime power, and its subsequent
industrial development;
(2) the North Shore of Essex County and the
Merrimack River valley in Essex County contain ex-
amples of significant early American architecture
and significant Federal-period architecture, many
sites and buildings associated with the establishment
of the maritime trade in the United States, the site
of the witchcraft trials of 1692, the birthplace of
successful iron manufacture, and the establishment
of the textile and leather industries in and around
the cities of Peabody, Beverly, Lynn, Lawrence, and
Haverhill;
(3) Salem, Massachusetts, has a rich heritage
as one of the earliest landing sites of the English
colonists, the first major world harbor for the Unit-
ed States, and an early thriving hub of American in-
dustries;
(4) the Saugus Iron Works National Historic
Site is the site of the first sustained, integrated iron
works in Colonial America, and the technology em-
ployed at the Iron Works was dispersed throughout
the Colonies and was critical to the development of
industry and technology in America;
(5) the Salem Maritime National Historic Site
contains nationally significant resources that explain
the manner in which the Nation was settled, its evo-
lution into a maritime power, and its development as
a major industrial force;
(6) the story told at the Salem Maritime and
Saugus Iron Works National Historic Sites would be
greatly enhanced through the interpretation of sig-
nificant theme-related resources in Salem and
Saugus and throughout Essex County;
(7) partnerships between the private and public
sectors have been created and additional partner-
ships will be encouraged to preserve the rich cultural
heritage of the region, which will stimulate cultural
awareness, preservation, and economic development
through tourism;
(8) a visitors’ center that has already been con-
structed at Salem Maritime National Historic Site in
Salem, Massachusetts, will be available to interpret
the themes of the Essex National Heritage Area es-
tablished by this Act and to coordinate the interpre-
tive and preservation activities of the Area; and
(9) the resident and business communities of
the region have formed the Essex Heritage Ad Hoc
Commission for the preservation, interpretation, pro-
motion, and development of the historic, cultural,
and natural resources of the region and are invest-
ing significant private funds and energy to develop
a plan to preserve the nationally significant re-
sources of Essex County.
(b) PURPOSE.—It is the purpose of this Act—
(1) to establish the Essex National Heritage
Area and the Essex National National Heritage
Area Commission, representing all concerned levels
of government, to recognize, preserve, promote, in-
terpret, and make available for the benefit of the
public the historic, cultural, and natural resources of
the North Shore and lower Merrimack River valley
in Essex County, Massachusetts, which encompass
the three primary themes of the Salem Maritime
National Historic Site and Saugus Iron Works Na-
tional Historic Site (the histories of early settlement,
maritime trade, and the textile and leather indus-
tries);
(2) to implement the appropriate alternative as
described in the document entitled ‘‘The Salem
Project: A Study of Alternatives’’, dated January
1990, within the boundaries of Essex County; and
(3) to provide a management framework to as-
sist the Commonwealth of Massachusetts and its
units of local government in the development and
implementation of an integrated cultural, historical,
and land resource management program in order to
retain, enhance, and interpret the significant values
of the lands, waters, and structures located in the
Essex National Heritage Area.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Commission’’ means the Essex
National Heritage Area Commission established by
section 201.
(2) The term ‘‘Area’’ means the Essex National
Heritage Area established by section 101.
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
TITLE I—ESSEX NATIONAL
HERITAGE AREA
SEC. 101. DESIGNATION OF NATIONAL HERITAGE AREA.
(a) DESIGNATION.—For the purpose of preserving
and interpreting, for the educational and inspirational
benefit of present and future generations, the unique and
significant contributions to our national heritage of cer-
tain historic and cultural lands, natural waterways, and
structures within the County of Essex in the Common-
wealth of Massachusetts, there is hereby established the
Essex National Heritage Area.
(b) BOUNDARIES.—The Area shall comprise the
lands generally depicted on the map numbered NAR–51–
80,000 and dated August 1994. The map shall be on file
and available for public inspection in the office of the Di-
rector of the National Park Service.
(c) ADMINISTRATION.—The Area shall be adminis-
tered in accordance with the provisions of this Act.
TITLE II—ESSEX NATIONAL
HERITAGE AREA COMMISSION
SEC. 201. ESTABLISHMENT.
(a) IN GENERAL.—To carry out the purpose of this
Act there is hereby established in the Department of the
Interior the Essex National Heritage Area Commission.
The Commission shall exercise the responsibilities and au-
thorities conferred on the Commission by this title with
respect to the Area. The Commission shall consist of 33
members (including ex officio members), appointed by the
Secretary, as follows:
(1) Five members appointed from recommenda-
tions submitted by the Governor of Massachusetts,
of which one shall represent the interests of the
Massachusetts Historical Commission, one shall rep-
resent the Executive Office of Environmental Man-
agement, one shall represent the Massachusetts Ex-
ecutive Office of Transportation and Highways, one
shall represent the Executive Office of Administra-
tion and Finance, and one shall represent the Exec-
utive Office of Communities and Development.
(2) Eleven members representing the interests
of local government, appointed from recommenda-
tions submitted as follows:
(A) One each from recommendations sub-
mitted by the mayors of the cities of Peabody,
Salem, Lynn, Lawrence, Haverhill, Newbury-
port, Beverly, and Gloucester.
(B) Three representing the towns of Essex
County, from recommendations submitted by
the Essex County Advisory Board.
(3) Eight members representing local business,
nonprofit organizations, and other nongovernmental
groups, appointed from recommendations submitted
as follows:
(A) Two from recommendations submitted
by the Salem Partnership.
(B) One each from recommendations sub-
mitted by the Lynn Business Partnership, the
Greater Haverhill Chamber of Commerce, the
Cape 
Ann 
Chamber 
of 
Commerce, 
the
Merrimack Valley Chamber of Commerce, the
North Shore Chamber of Commerce, and the
Society for the Preservation of New England
Antiquities.
(4) Three members representing nonprofit orga-
nizations which have significant interests and re-
sources located in the Area, from recommendations
submitted as follows:
(A) One from recommendations submitted
by the Peabody Essex Museum, to represent the
interests of major museums.
(B) One from recommendations submitted
by the Essex County Greenbelt Association, to
represent the interests of the natural resources
of the Area.
(C) One from recommendations submitted
by the President of Salem State College, to rep-
resent the interests of institutions of higher
education.
(5) The Director of the National Park Service,
ex officio, or the delegate of the Director, the super-
intendent of the Salem Maritime National Historic
Site, ex officio, or the delegate of the superintend-
ent, and the superintendent of the Saugus Ironworks
National Historic Site, ex officio, or the delegate of
the superintendent.
(6) One member recommended by the Rep-
resentative to the Congress from the Fifth Congres-
sional District of Massachusetts.
(7) Two members recommended by the Rep-
resentative to the Congress from the Sixth Congres-
sional District of Massachusetts.
(b) TERMS.—The term of appointed members of the
Commission shall be 3 years, except as provided in sub-
section (d).
(c) CHAIRPERSON.—The Commission shall elect a
chairperson from among its members. The term of office
of the chairperson shall be 2 years.
(d) VACANCY.—Any member of the Commission ap-
pointed for a definite term may serve after the expiration
of his term until his successor is appointed. Any vacancy
in the Commission shall be filled in the same manner in
which the original appointment was made. The term of
any member appointed to fill a vacancy shall be the re-
mainder of the term for which the member’s predecessor
was appointed.
(e) QUORUM.—A simple majority of Commission
members shall constitute a quorum.
(f) MEETINGS.—The Commission shall meet at the
call of the chairperson or a majority of its members, but
not less than quarterly.
(g) COMPENSATION.—Members of the Commission
shall serve without compensation, except as otherwise pro-
vided in this subsection. Members of the Commission may
receive travel expenses (including per diem in lieu of sub-
sistence) when engaged in Commission business, in ac-
cordance with section 5703, title 5, United States Code,
in the same manner as persons employed intermittently.
SEC. 202. STAFF OF THE COMMISSION.
(a) STAFF.—(1) The Commission shall have the
power to appoint and fix the compensation of such staff
as may be necessary to carry out its duties.
(2) Staff appointed by the Commission—
(A) shall be appointed subject to the provisions
of title 5, United States Code, governing appoint-
ments in the competitive services; and
(B) shall be paid in accordance with the provi-
sions of chapter 51 of title 5, United States Code,
and subchapter III of chapter 53 of such title, relat-
ing to classification and General Schedule pay rates.
(b) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be adopted by the Commission, the Commis-
sion may procure services of experts and consultants to
the same extent as is authorized by section 3109(b) of title
5, United States Code, but at rates determined by the
Commission to be reasonable.
(c) STAFF AND OTHER AGENCIES.—(1) Upon re-
quest of the Commission, the head of any Federal agency
may detail, on a reimbursable basis, any of the personnel
of such agency to the Commission to assist the Commis-
sion in carrying out the Commission’s duties.
(2) The Commission may accept the services of per-
sonnel detailed from the Commonwealth of Massachusetts
(and any political subdivision thereof) and may reimburse
the Commonwealth or political subdivision for the services.
(d) ADMINISTRATIVE SUPPORT.—The Administrator
of the General Services Administration shall provide to the
Commission such administrative support services as the
Commission may request, on a reimbursable basis.
SEC. 203. POWERS OF THE COMMISSION.
(a) IN GENERAL.—The Commission may for the pur-
pose of carrying out this Act hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence, as the Commission may deem advis-
able.
(b) BYLAWS.—The Commission may make such by-
laws, rules and regulations, consistent with this Act, as
it considers necessary to carry out its functions under this
title.
(c) DELEGATION.—When so authorized by the Com-
mission, any member or agent of the Commission may
take any action which the Commission is authorized to
take by this section.
(d) TECHNICAL ADVISORY GROUPS.—The Commis-
sion may establish and appoint one or more technical advi-
sory groups and subcommittees to provide technical advice
to the Commission with respect to issues including, but
not limited to, financing, historic preservation, natural re-
source preservation, recreation, tourism, or intergovern-
mental coordination.
(e) GIFTS.—Notwithstanding any other provision of
law, the Commission may seek, accept, and dispose of do-
nations of funds, property, or services from individuals,
from foundations, corporations, and other private entities,
and from public entities, for the purpose of carrying out
its duties.
(f) FUNDS FROM OTHER SOURCES.—The Commis-
sion may use its funds to obtain money from any source
under any program or law, including a program or law
requiring the recipient of such money to make a contribu-
tion in order to receive such money.
(g) MAIL.—The Commission may use the United
States mails in the same manner and upon the same con-
ditions as other departments and agencies of the United
States.
(h) OBTAINING PROPERTY, FACILITIES AND SERV-
ICES.—The Commission may obtain by purchase, rental,
donation, or otherwise, such property, facilities, and serv-
ices as may be needed to carry out its duties. The Commis-
sion may acquire real property, or interests in real prop-
erty, in the Area only by gift, by rental, or by purchase
from a willing seller with money which was given, be-
queathed, or appropriated to the Commission on the condi-
tion that such money would be used to purchase real prop-
erty, or interests in real property, in the Area.
(i) ADVISORY GROUPS.—The Commission may estab-
lish such advisory groups as the Commission deems nec-
essary to ensure open communication with, and assistance
from, the Commonwealth of Massachusetts, political sub-
divisions of the Commonwealth of Massachusetts, and in-
terested persons.
(j) COOPERATIVE AGREEMENTS.—The Commission
may enter into cooperative agreements with the Secretary,
the Commonwealth of Massachusetts, any political sub-
division of the Commonwealth, or any person.
SEC. 204. FUNCTIONS OF THE COMMISSION.
(a) IN GENERAL.—The Commission is authorized
to—
(1) coordinate activities of and establish cooper-
ative agreements with Federal, State, and local gov-
ernments and private businesses and organizations
in order to further historic preservation, cultural
conservation, natural area protection, and compat-
ible revitalization with respect to the Area;
(2) establish guidelines and standards for
projects and prepare programs and exhibits, consist-
ent with standards established by the National Park
Service for preservation of historic properties (in-
cluding standards regarding interpretive methods),
that will further the recognition, preservation, pro-
motion, interpretation, and economic revitalization of
the historic and natural resources in the Area;
(3) provide advice and assistance in preparation
of loan or grant applications to the Commission and
applications for loan or grants from Federal or non-
Federal sources in furtherance of the purpose of this
Act;
(4) make loans and grants, from funds appro-
priated for that purpose or from funds donated or
otherwise made available to the Commission, for the
purpose of conserving and protecting sites, buildings,
resources, and objects which are included or eligible
for inclusion on the National Register of Historic
Places or for the purposes of providing educational
and cultural programs which encourage appreciation
of the resources of the Area; and
(5) implement the study report prepared by the
Essex Heritage Ad-Hoc Commission.
(b) ANNUAL REPORTS.—
(1) REPORTS BY COMMISSION.—The Commis-
sion shall submit an annual report to the Secretary
setting forth its expenses and income and the enti-
ties to which any loans and grants were made by the
Commission during the year for which the report is
made.
(2) REPORTS BY SECRETARY.—The Secretary
shall submit an annual report to the Congress de-
scribing the loans, grants, and technical assistance
provided under this Act. The report shall specify the
amount, recipient, and purpose of any loan, grant,
or technical assistance so provided, and shall include
an analysis of the adequacy of actions taken during
the year the report concerns to preserve, protect,
and interpret the significant sites, buildings, and ob-
jects within the Area. The report shall describe the
anticipated funds and personnel to be made available
by the Secretary during the fiscal year following the
year the report concerns to implement the provisions
of this Act.
(c) COST ESTIMATES.—Prior to making any grant or
loan, the Commission shall require detailed cost estimates
to be prepared for the project to be funded. Within 1 year
after the date of the enactment of this Act, the Commis-
sion shall submit to the appropriate committees of the
Congress detailed cost estimates for the projects for which,
at the time the report is submitted, the Commission has
made, has agreed to make, or plans to make a grant or
loan under this Act.
SEC. 205. DUTIES OF THE SECRETARY.
(a) IN GENERAL.—To carry out the purpose of this
Act, the Secretary shall assist the Commission in prepar-
ing such studies and plans as the Secretary considers ap-
propriate and in implementing the recommendations con-
tained in study report prepared by the Essex Heritage Ad-
Hoc Commission. The Secretary is authorized to enter
into agreements with the Commission or with any owner
of property with national historic or cultural significance
within the Area for the purpose of facilitating public use
and enjoyment of such resources or to otherwise further
the objectives of the Commission. Any such agreement
shall provide whenever appropriate that—
(1) the public may have access to such re-
sources at specified, reasonable times for the pur-
pose of viewing the property or exhibits or attending
programs or other activities, as may be appropriate;
(2) the Secretary may make improvements to
such resources as the Commission or the Secretary
deem necessary to enhance the public use and enjoy-
ment of the resources, or to render such property
usable by the Secretary, the Commission, or any
person for the purpose of this Act; and
(3) the Secretary may occupy, utilize, and ac-
quire easements or leasehold interests in resources
as required to implement the programs and purpose
of this Act.
(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide, upon request, technical assistance to the Commis-
sion to assist the Commission in the performance of its
powers and functions as authorized under this Act. The
Secretary may provide to any owner of property within
the Area, to the Commonwealth of Massachusetts, to the
City of Salem and other participating municipalities, to
any other Federal or State entity, to any institution, or
to any person such technical assistance as the Secretary
considers appropriate to carry out the purpose of this Act.
SEC. 206. EXPIRATION.
(a) IN GENERAL.—The Commission shall cease to
exist 10 years after the date of the enactment of this Act.
(b) SUCCESSOR ENTITY.—The Commission shall as-
sist, if appropriate, in the establishment of a nonprofit
management entity, exempt from income taxes under sec-
tion 501(c)(3) of the Internal Revenue Code of 1986, to
continue as necessary the functions of the Commission and
the management of the Area upon the expiration of the
Commission.
(c) PROPERTY OR FUNDS REMAINING.—Any prop-
erty or funds of the Commission remaining upon the expi-
ration of the Commission shall be transferred to the non-
profit management entity referred to in subsection (b), if
such an entity exists and is willing to accept the transfer.
If such an entity does not exist or is not willing to accept
such transfer, the property or funds referred to in the pre-
ceding sentence shall be transferred to the Treasury of
the United States, to a State or local government agency,
or to any combination thereof, as determined by the Com-
mission or, if the Commission fails to so determine and
such an entity exists, by the nonprofit management entity
referred to in subsection (b).
SEC. 207. PRIVATE PROPERTY.
No privately owned property shall be included within
the boundaries of the Area unless the government of the
county, city, or town in which the property is located
agrees to be so included and submits notification of such
agreement to the Secretary.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such
sums as may be necessary to carry out this Act.
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HR 2188 IH——2