I
103D CONGRESS
1ST SESSION
H. R. 1685
To establish in the Department of the Interior the Essex Heritage District
Commission, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 2, 1993
Mr. TORKILDSEN (for himself and Mr. MEEHAN) introduced the following bill;
which was referred to the Committee on Natural Resources
A BILL
To establish in the Department of the Interior the Essex
Heritage District 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 profoundly influenced
the course of the early settlement of the United
States of America, its emergence as a maritime
power and its subsequent industrial development;
(2) Essex County’s North Shore and Merrimack
River valley contain many sites and buildings associ-
ated with the establishment of the maritime trade in
the United States of America, more examples of na-
tionally significant first-period architecture than any
place else in the Nation, significant Federal period
architecture, the site of the witchcraft trials of 1692,
and the establishment of the textile and leather in-
dustries in and around the cities of Peabody, Bev-
erly, Lawrence and Haverhill;
(3) Salem, Massachusetts has an uncommonly
rich heritage as one of the earliest landing sites of
the English colonists, the first major world harbor
for the United States of America, and a thriving hub
of American industries;
(4) the Salem Maritime Historic Site contains
nationally significant resources that explain how this
Nation was settled, its evolution into a maritime
power, and its development as a major industrial
force, and the story told at Salem National Historic
Site would be greatly enhanced through the interpre-
tation 
of 
significant 
theme 
related 
resources
throughout Essex County;
(5) 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 and preservation and economic develop-
ment through tourism; and
(6) the residents and business community of
the region have formed the Essex Heritage Ad Hoc
Commission for the preservation, interpretation, pro-
motion, and development of historic, cultural and
natural resources of the area and are investing sig-
nificant private funds and energy to develop a plan
to preserve Essex County’s nationally significant re-
sources.
(b) PURPOSE.—In furtherance of the findings set
forth in subsection (a), it is the purpose of this Act—
(1) to establish the Essex Heritage District and
the Essex Heritage District Commission represent-
ing all concerned levels of government to recognize,
preserve, promote, interpret, 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, Massachu-
setts, which encompasses the three primary themes
of and associated with Salem Maritime National
Historic Site, including the histories of early settle-
ment, maritime trade, and textile and leather indus-
tries;
(2) to implement, as appropriate, Preservation
and Interpretation Alternative 4, Countrywide/All
Themes/Secondary Centers in Lawrence and Haver-
hill, and to implement Management Alternative 3,
Federal Commission contained in the document enti-
tled ‘‘The Salem Project: A Study of Alternatives’’
dated January 1990, within the boundaries of the
Salem Project, as generally depicted on a map which
is numbered DSC/373/40017A and dated October
1989; 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
District.
SEC. 2. DEFINITIONS.
For the purposes of the Act—
(1) The term ‘‘Commission’’ means the Essex
Heritage District Commission established by section
201.
(2) The term ‘‘District’’ means the Essex Her-
itage District established by section 101.
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
TITLE I—ESSEX HERITAGE
DISTRICT
SEC. 101. DESIGNATION OF DISTRICT.
(a) DESIGNATION.—For the purpose of preserving
and interpreting for the educational and inspirational ben-
efit of present and future generations the unique signifi-
cant contributions to our national heritage of certain his-
toric and cultural lands, natural waterways and structures
within the County of Essex in the Commonwealth of Mas-
sachusetts, there is hereby established the Essex Heritage
District.
(b) BOUNDARIES.—The boundaries of the District
shall include those lands generally depicted on a map num-
bered DSC/373/40017A and dated October 1989. The
map shall be on file and available for public inspection
in the office of the Department of the Interior in Washing-
ton, District of Columbia, and the Massachusetts Depart-
ment of Environmental Management.
(c) ADMINISTRATION.—The District shall be admin-
istered in accordance with the provisions of this Act.
TITLE II—ESSEX HERITAGE
DISTRICT 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 Heritage District Commission. The
Commission shall exercise the responsibilities and authori-
ties conferred on the Commission by this title with respect
to the District. The Commission shall consist of 33 mem-
bers (including ex officio members), appointed by the Sec-
retary, as follows:
(1) 
Four 
members 
appointed 
from 
rec-
ommendations submitted by the Governor of Massa-
chusetts of which one shall represent the interests of
the Massachusetts Historical Commission, one shall
represent the Executive Office of Environmental Af-
fairs, one shall represent the Massachusetts Execu-
tive Office of Transportation and Construction/Mas-
sachusetts Highways Department, and one shall rep-
resent the Massachusetts Department of Economic
Affairs.
(2) Eleven members representing the local in-
terests of local government, appointed from rec-
ommendations as follows: one each submitted by the
mayors of the cities of Peabody, Salem, Lynn, Law-
rence, Haverhill, Newburyport, Beverly and Glouces-
ter, and three representing the towns of Essex
County submitted by the Essex County Commission.
(3) Eight members representing local business,
nonprofit organizations, and other nongovernmental
groups appointed from recommendations submitted
as follows: two shall be appointed from recommenda-
tions by the Salem Partnership, one each from the
recommendations of the Lynn Partnership, the Ha-
verhill Partnership, the Gloucester Chamber of Com-
merce (until such time as the Gloucester Partnership
is incorporated), the Lawrence Chamber of Com-
merce, one from the North Shore Chamber of Com-
merce and one from the Society for the Preservation
of New England Antiquities.
(4) Three members representing nonprofit orga-
nizations with significant interests and resources lo-
cated in the District of which one shall be rec-
ommended by the Peabody and Essex Museum to
represent the interests of major museums, one shall
be recommended by the Essex County Greenbelt As-
sociation to represent the interests of the natural re-
sources of the District, and one shall be rec-
ommended by the President of Salem State College
to represent 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 Historic Site, ex
officio, or the delegate of the superintendent, and
the superintendent of the Saugus Ironworks Na-
tional Historic Site, ex officio, or the delegate of the
superintendent.
(6) Two members recommended by the Rep-
resentative in Congress from the Fifth Congressional
District.
(7) Two members recommended by the Rep-
resentative in Congress from the Sixth Congressional
District.
(b) TERMS.—The term of appointed members of the
Commission shall be 3 years.
(c) CHAIRPERSON.—The Commission shall elect a
chairman or chairwoman from among its members. The
term 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. Any member
appointed to fill a vacancy shall serve for the remainder
of the term for which the member’s predecessor was ap-
pointed.
(e) QUORUM.—A simple majority of Commission
members shall constitute a quorum.
(f) MEETINGS.—The Commission shall meet at least
quarterly or at the call of the chairman or a majority of
its members.
(g) COMPENSATION.—Members of the Commission
shall serve without compensation as such. Members shall
be entitled to travel expenses under section 5703, title 5,
United States Code, when engaged in Commission busi-
ness, including per diem in lieu of subsistence 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 53 of such title relating to classi-
fication 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 those serv-
ices.
(d) ADMINISTRATIVE SUPPORT.—The Administrator
of the General Services Administration shall provide such
administrative support services as the Commission may re-
quest, on a reimbursable basis.
SEC. 203. POWERS OF THE COMMISSION.
(a) IN GENERAL.—The Commission may for the pur-
pose of carrying out this title 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 the 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
in financing, historic preservation, natural resource pres-
ervation, recreation, tourism, and intergovernmental co-
ordination.
(e) GIFTS.—Notwithstanding any other provision of
law, the Commission may seek and accept, and dispose
of donations of funds, property, or services from individ-
uals, 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 requiring the recipient of such
money to make a contribution 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 District by gift, by rental or by purchase from
a willing seller with money which was given, bequeathed
or appropriated to the Commission on the condition that
such money would be used to purchase real property, or
interests in real property in the District.
(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 State of Massachusetts, with any political subdivision
of the State or with 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 compatible
revitalization;
(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 includ-
ing interpretive methods, that will further the rec-
ognition, preservation, promotion, interpretation and
economic revitalization of the historic and natural
resources in the District;
(3) provide advice and assistance in preparation
of loan or grant applications to the Commission and
applications for loan or grants from the Federal or
non-Federal sources in furtherance of the purposes
of this title;
(4) make loans and grants, from funds appro-
priated for that purpose from funds donated or oth-
erwise 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 District; and
(5) prepare and implement a study report
which shall incorporate in whole or in part the plan
prepared by the Essex Heritage Ad Hoc Commission
and shall present a unified historic preservation and
interpretive plan for the District. The report shall
include an analysis of the methods and means of
inventorying, preserving, and interpreting the histor-
ical, cultural and natural resources of the District
along with recommendations concerning utilization
of these resources and coordination of activities
within the District.
(b) ANNUAL REPORTS.—The Commission shall sub-
mit an annual report to the Secretary setting forth its ex-
penses and income and the entities to which any loans and
grants were made during the year for which the report
is made. The Secretary shall submit an annual report to
the City of Salem and other participating municipalities,
or to any other Federal or State entity, or to any institu-
tion, or to any person such technical assistance as the Sec-
retary considers appropriate to carry out the purposes of
this Act.
SEC. 206. EXPIRATION.
The Commission shall cease to exist 10 years after
the date of enactment of this Act. The Commission shall
assist, 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 District upon the expiration of the
Commission. Any property or funds of the Commission re-
maining upon the expiration of the Commission to this pri-
vate nonprofit organization, or to the United States, as
a State or local government agency, or to any combination
of the foregoing.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated to the
Commission such funds as may be necessary to carry out
the purposes of this title.
Æ
HR 1685 IH——2