IIA
103D CONGRESS
2D SESSION
H. R. 3898
IN THE SENATE OF THE UNITED STATES
AUGUST 2 (legislative day, JULY 20), 1994
Received; read twice and referred to the Committee on Energy and Natural
Resources
A BILL
To establish the New Bedford Whaling National Historical
Park in New Bedford, Massachusetts, 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 PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) the New Bedford National Historic Land-
mark District and associated historic sites as de-
scribed in section 3(b) of this Act, including the
Schooner Ernestina, are National Historic Land-
marks and are listed on the National Register of
Historic Places as historic sites associated with the
history of whaling in the United States;
(2) the city of New Bedford was the 19th cen-
tury capital of the world’s whaling industry and re-
tains significant architectural features, archival ma-
terials, and museum collections illustrative of this
period;
(3) New Bedford’s historic resources provide
opportunities for illustrating and interpreting the
whaling industry’s contribution to the economic, so-
cial, and environmental history of the United States
and provide opportunities for public use and enjoy-
ment; and
(4) the National Park System presently con-
tains no sites commemorating whaling and its con-
tribution to American history.
(b) PURPOSES.—The purposes of this Act are—
(1) to preserve, protect, and interpret the re-
sources within the areas described in section 3(b) of
this Act, including architecture, setting, and associ-
ated archival and museum collections;
(2) to collaborate with the city of New Bedford
and with local historical, cultural, and preservation
organizations to further the purposes of the park es-
tablished under this Act; and
(3) to provide opportunities for the inspirational
benefit and education of the American people.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘park’’ means the New Bedford
Whaling National Historical Park established by
section 3.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL
PARK.
(a) ESTABLISHMENT.—In order to preserve for the
benefit and inspiration of the people of the United States
as a national historical park certain districts, structures,
and relics located in New Bedford, Massachusetts, and as-
sociated with the history of whaling and related social and
economic themes in America, there is established the New
Bedford Whaling National Historical Park.
(b) BOUNDARIES.—(1) The boundaries of the park
shall be those generally depicted on the map numbered
NAR–P49–80000–4 and dated June 1994. Such map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service. The park
shall include the following:
(A) The area included within the New Bedford
National Historic Landmark District, known as the
Bedford Landing Waterfront Historic District, as
listed within the National Register of Historic Places
and in the Massachusetts State Register of Historic
Places.
(B) The National Historic Landmark Schooner
Ernestina, with its home port in New Bedford.
(C) The land along the eastern boundary of the
New Bedford National Historic Landmark District
over to the east side of MacArthur Drive from the
Route 6 overpass on the north to an extension of
School Street on the south.
(D) The land north of Elm Street in New Bed-
ford, bounded by Acushnet Avenue on the west,
Route 6 (ramps) on the north, MacArthur Drive on
the east, and Elm Street on the south.
In case of any conflict between the descriptions set forth
in subparagraphs (A) through (D) and the map referred
to in this subsection, the map shall govern.
(2) In addition to the sites, areas and relics referred
to in paragraph (1), the Secretary may assist in the inter-
pretation and preservation of each of the following:
(A) The southwest corner of the State Pier.
(B) Waterfront Park, immediately south of land
adjacent to the State Pier.
(C) The Rotch-Jones-Duff House and Garden
Museum, located at 396 County Street.
(D) The Wharfinger Building, located on Piers
3 and 4.
(E) The Bourne Counting House, located on
Merrill’s Wharf.
SEC. 4. ADMINISTRATION OF PARK.
(a) IN GENERAL.—The park shall be administered by
the Secretary in accordance with this Act and the provi-
sions of law generally applicable to units of the national
park system, including the Act entitled ‘‘An Act to estab-
lish a National Park Service, and for other purposes’’, ap-
proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2,
3, and 4) and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461–467).
(b) COOPERATIVE AGREEMENTS.—(1) The Secretary
may consult and enter into cooperative agreements with
interested entities and individuals to provide for the pres-
ervation, development, interpretation, and use of the park.
(2) Funds authorized to be appropriated to the Sec-
retary for the purposes of this subsection shall be ex-
pended in the ratio of one dollar of Federal funds for each
dollar of funds contributed by non-Federal sources. For
the purposes of this subsection, the Secretary is author-
ized to accept from non-Federal sources, and to utilize for
purposes of this Act, any money so contributed. With the
approval of the Secretary, any donation of land, services,
or goods from a non-Federal source may be considered
as a contribution of funds from a non-Federal source for
the purposes of this subsection.
(3) Any payment made by the Secretary pursuant to
a cooperative agreement under this subsection shall be
subject to an agreement that conversion, use, or disposal
of the project so assisted for purposes contrary to the pur-
poses of this Act, as determined by the Secretary, shall
result in a right of the United States to reimbursement
of all funds made available to such project or the propor-
tion of the increased value of the project attributable to
such funds as determined at the time of such conversion,
use, or disposal, whichever is greater.
(c) LIMITATION ON FUNDS.—Funds authorized to be
appropriated to the Secretary for operation and mainte-
nance of the schooner Ernestina may not exceed 50 per-
cent of the total costs of such operation and maintenance
and may not exceed $300,000 annually.
(d) ACQUISITION OF REAL PROPERTY.—The Sec-
retary may acquire, for the purposes of the park, by dona-
tion, exchange, lease or purchase with donated or appro-
priated funds, lands, interests in lands, and improvements
thereon within the park except that (1) lands, and inter-
ests in lands, within the boundaries of the park which are
owned by the State of Massachusetts or any political sub-
division thereof, may be acquired only by donation, and
(2) lands, and interests in lands, within the boundaries
of the park which are not owned by the State of Massachu-
setts or any political subdivision thereof may be acquired
only with the consent of the owner thereof unless the Sec-
retary determines, after written notice to the owner and
after opportunity for comment, that the property is being
developed, or proposed to be developed, in a manner which
is detrimental to the integrity of the park or which is oth-
erwise incompatible with the purposes of this Act.
(e) OTHER PROPERTY, FUNDS, AND SERVICES.—The
Secretary may accept donated funds, property, and serv-
ices to carry out this Act.
SEC. 5. GENERAL MANAGEMENT PLAN.
Not later than the end of the second fiscal year begin-
ning after the date of enactment of this Act, the Secretary
shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a general man-
agement plan for the park and shall implement such plan.
The plan shall be prepared in accordance with section
12(b) of the Act of August 18, 1970 (16 U.S.C. 1a–7(b))
and other applicable law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act, but not more
than $10,400,000 is authorized to be appropriated for
construction, acquisition, restoration, and rehabilitation of
visitor and interpretative facilities.
Passed the House of Representatives August 1,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
103D CONGRESS
2D SESSION
H. R. 3898
AN ACT
To establish the New Bedford Whaling National
Historical Park in New Bedford, Massachusetts,
and for other purposes.