IB
Union Calendar No. 349
103D CONGRESS
2D SESSION
H. R. 3898
[Report No. 103–643]
To establish the New Bedford Whaling National Historical Park in New
Bedford, Massachusetts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1994
Mr. FRANK of Massachusetts (for himself, Mr. MOAKLEY, Mr. MARKEY, Mr.
STUDDS, Mr. BLUTE, Mr. KENNEDY, Mr. TORKILDSEN, Mr. MEEHAN,
Mr. NEAL of Massachusetts, Mr. OLVER, and Mr. FALEOMAVAEGA) intro-
duced the following bill; which was referred to the Committee on Natural
Resources
AUGUST 1, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 24, 1994]
A BILL
To establish the New Bedford Whaling National Historical
Park in New Bedford, Massachusetts, and for other pur-
poses.
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 His-
toric Places as historic sites associated with the his-
tory of whaling in the United States;
(2) the city of New Bedford was the 19th century
capital of the world’s whaling industry and retains
significant architectural features, archival materials,
and museum collections illustrative of this period;
(3) New Bedford’s historic resources provide op-
portunities for illustrating and interpreting the whal-
ing industry’s contribution to the economic, social,
and environmental history of the United States and
provide opportunities for public use and enjoyment;
and
(4) the National Park System presently contains
no sites commemorating whaling and its contribution
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 asso-
ciated 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 appro-
priate 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 establish
a National Park Service, and for other purposes’’, approved
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 in-
terested entities and individuals to provide for the preserva-
tion, 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 expended
in the ratio of one dollar of Federal funds for each dollar
of funds contributed by non-Federal sources. For the pur-
poses of this subsection, the Secretary is authorized 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 sub-
ject to an agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the purposes 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 proportion of the in-
creased 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 percent
of the total costs of such operation and maintenance and
may not exceed $300,000 annually.
(d) ACQUISITION OF REAL PROPERTY.—The Secretary
may acquire, for the purposes of the park, by donation, ex-
change, lease or purchase with donated or appropriated
funds, lands, interests in lands, and improvements thereon
within the park except that (1) lands, and interests in
lands, within the boundaries of the park which are owned
by the State of Massachusetts or any political subdivision
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 Massachusetts or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary 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 otherwise incompatible
with the purposes of this Act.
(e) OTHER PROPERTY, FUNDS, AND SERVICES.—The
Secretary may accept donated funds, property, and services
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 Energy and
Natural Resources of the Senate a general management
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 ap-
plicable 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 construc-
tion, acquisition, restoration, and rehabilitation of visitor
and interpretative facilities.