I
107TH CONGRESS
2D SESSION
H. R. 4759
To ratify the Governors Island National Monument and the boundaries
thereof, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. NADLER (for himself and Mrs. MALONEY of New York) introduced the
following bill; which was referred to the Committee on Resources, and in
addition to the Committee on Government Reform, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To ratify the Governors Island National Monument and the
boundaries thereof, 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 ‘‘Governors Island Na-
tional Monument Ratification Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) In August 1776, the fortifications at Gov-
ernors Island, New York, provided cover allowing
George Washington’s Continental Army to escape a
British onslaught during the Battle of Long Island.
(2) The State of New York, for nominal consid-
eration, ceded control of Governors Island to the
Federal Government in 1800 to provide for the de-
fense of the United States.
(3) Between 1800 and 1811, Castle Williams
and Fort Jay were constructed on Governors Island
to anchor the defense of New York Harbor.
(4) During the War of 1812, the combined fire-
power of Castle Williams and Fort Jay and the
Southwest Battery in Manhattan dissuaded the Brit-
ish from making a direct attack on New York City,
which was the largest city in and principal seaport
of the United States at the time.
(5) Governors Island, including Castle Williams
and Fort Jay, played a significant role in the Civil
War, World War I, and World War II, and contin-
ued to serve the United States Army through 1966,
and thereafter the United States Coast Guard until
1997.
(6) Castle Williams is named after Lieutenant
Colonel Jonathan Williams, who built the semi-
circular ‘‘cheesebox’’ fort and later served as the
first superintendent of the Military Academy at
West Point.
(7) The pentagonal Fort Jay, named after John
Jay, is the complement of Fort Wood on nearby Lib-
erty Island, which serves as the base of the Statue
of Liberty.
(8) In Presidential Proclamation No. 7402 of
January 19, 2001, former President Clinton estab-
lished the Governors Island National Monument,
consisting of Castle Williams and Fort Jay and cer-
tain additional lands, as depicted on the map enti-
tled ‘‘Governors Island National Monument’’ at-
tached to the proclamation.
(9) The Department of Justice has issued an
opinion that notwithstanding the Presidential Proc-
lamation, the National Monument could be sold and
cease to exist if the rest of Governors Island is con-
veyed to a party other than the United States pursu-
ant to the Balanced Budget Act of 1997.
(10) More than 200 years of contributions to
the history of the United States, and the important
educational and cultural opportunities that Castle
Williams and Fort Jay represent, could be lost if the
National Monument ceased to exist.
(b) PURPOSES.—The purposes of this Act are—
(1) to prevent the deterioration of the historic
military buildings on Governors Island in New York
Harbor;
(2) to ensure that Castle Williams and Fort
Jay are—
(A) retained in Federal ownership;
(B) available for the benefit and inspira-
tion of the people of the United States; and
(C) afforded protection by the National
Park Service as a unit of the National Park
System; and
(3) to provide the general public with—
(A) access to Governors Island;
(B) access to open park space to experi-
ence the majestic views of New York Harbor;
and
(C) opportunities that illustrate the signifi-
cant contributions of Governors Island to the
history of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices.
(2) ISLAND.—The term ‘‘island’’ means Gov-
ernors Island, New York.
(3) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means any person, group, entity,
corporation, State or local unit of government, or
other organization to whom the Administrator sells
or transfers portions of Governors Island excluding
the Governors Island National Monument.
(4) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan required by
section 4(d).
(5) 
MONUMENT.—The 
term 
‘‘Monument’’
means the Governors Island National Monument es-
tablished by Presidential Proclamation No. 7402 of
January 19, 2001 (66 Fed. Reg. 7855), including
the building, land, and dock described on the map
in section 4(b).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) RATIFICATION; TRANSFER OF ADMINISTRATIVE
JURISDICTION
AND
MANAGEMENT.—Notwithstanding
section 9101 of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 670) or any other provision of
law—
(1) the establishment of the Governors Island
National Monument by Presidential Proclamation
No. 7402 of January 19, 2001 (66 Fed. Reg. 7855),
is hereby ratified and the Monument shall not be
subject to sale under such section 9101 or otherwise;
and
(2) not later than 180 days after the date of
the enactment of this Act, the Administrator shall
transfer to the Secretary, for no consideration, ad-
ministrative jurisdiction over, and management of,
the Monument.
(b) INCLUSION OF BUILDING, LAND, AND DOCK IN
BOUNDARY.—The boundary of the Governors Island Na-
tional Monument established by Presidential Proclamation
7402 shall include Building 140, its land, and Dock 102
as depicted on the map entitled ‘‘Governors Island Na-
tional Monument Boundary Map’’, numbered 019/80,001,
and dated August 20, 2001. The map shall be on file and
available for inspection in the appropriate offices of the
National Park Service, Department of the Interior.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Monument shall be ad-
ministered by the Secretary in accordance with—
(A) this Act; and
(B) laws generally applicable to units of
the National Park System, including—
(i) the Act entitled ‘‘An Act to estab-
lish a National Park Service, and for other
purposes’’, approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(ii) the Act entitled ‘‘An Act to pro-
vide for the preservation of historic Amer-
ican sites, buildings, objects, and antiq-
uities of national significance, and for
other purposes’’, approved August 21,
1935 (16 U.S.C. 461 et seq.).
(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary may consult, and enter into cooperative agree-
ments, with the Administrator or any management
entity to provide for the preservation, development,
interpretation, and use of, and access to, the Monu-
ment.
(3) INTERPRETIVE
SERVICES.—Subject to an
agreement with the Administrator or any manage-
ment entity, the Secretary may provide interpretive
services and signage in the Governors Island Na-
tional Historic Landmark District.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than January 19,
2004, the Secretary shall prepare a complete man-
agement plan for the Monument in consultation with
appropriate public and private entities.
(2) APPLICABLE
LAW.—The Secretary shall
prepare the management plan in accordance with
applicable laws, including section 12(b) of the Act
entitled ‘‘An Act to improve the administration of
the National Park System by the Secretary of the
Interior, and to clarify the authorities applicable to
the system, and for other purposes’’, approved Au-
gust 18, 1970 (16 U.S.C. 1a–7(b)).
(3) SUBMISSION.—On completion of the man-
agement plan, the Secretary shall submit a copy of
the management plan to—
(A) the Committee on Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(e) RESERVATIONS
OF RIGHTS
OF ACCESS
AND
USE.—As a condition of the Administrator’s conveyance
of portions of the island to any management entity, the
Administrator shall reserve rights of access and use as fol-
lows: