I
107TH CONGRESS
1ST SESSION
H. R. 1334
To convey certain Federal properties on Governors Island, New York.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 2001
Mr. GILMAN (for himself, Mr. NADLER, and Mrs. MALONEY of New York) in-
troduced the following bill; which was referred to the Committee on Re-
sources, and in addition to the Committee on Government Reform, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To convey certain Federal properties on Governors Island,
New York.
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 Pres-
ervation Act of 2001’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(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) during the War of 1812, the combined fire-
power of Castle Williams on Governors Island and
the Southwest Battery in Manhattan dissuaded the
British from making a direct attack on New York
City, which was the largest city in and principal sea-
port of the United States at the time;
(4) in 1901, 4,700,000 cubic yards of fill from
the excavation of the Lexington Avenue Subway in
Manhattan were deposited to increase the area of
Governors Island from 90 to 172 acres;
(5) Governors Island played a significant role in
the Civil War, World War I, and World War II, and
continued to serve the United States Army through
1966;
(6) in 1958, the United States District Court
for the Southern District of New York formally rati-
fied the long possession of Governors Island by the
United States through a condemnation proceeding
that required ‘‘just compensation’’ of $1;
(7) in 1966, the Army relocated operations
from Governors Island, and the United States Coast
Guard assumed control of the Island, an action that
established an integral component of the Atlantic
coast efforts of the Coast Guard for the following 30
years;
(8) the Admiral’s House on Governors Island
hosted the final summit meeting between President
Ronald W. Reagan and Soviet Premier Mikhail S.
Gorbachev in December 1988, where the leaders pre-
sented each other with the Articles of Ratification
for the Intermediate Nuclear Forces Treaty;
(9) the Coast Guard ceased operations at Gov-
ernors Island in 1997, leaving 225 buildings unoccu-
pied, unused, and exposed to the harsh elements of
New York Harbor;
(10) Castle Williams is named after Lieutenant
Colonel Jonathan Williams, who built the semi-cir-
cular ‘‘cheesebox’’ fort and later served as the first
superintendent of West Point Military Academy;
(11) the pentagonal Fort Jay, named after
John Jay, is the complement of Fort Wood on near-
by Bedloe Island, which serves as the base of the
Statue of Liberty;
(12) 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, as de-
picted on the map entitled ‘‘Governors Island Na-
tional Monument’’ attached to the proclamation;
(13) more than 200 years of contributions to
the history of the United States could be lost if Gov-
ernors Island were to remain vacant or be sold to a
private entity; and
(14) the State of New York and the city of New
York have agreed to a conceptual plan to be admin-
istered by the Governors Island Redevelopment Cor-
poration, a subsidiary of the Empire State Develop-
ment Corporation, that—
(A) offers what may be the only oppor-
tunity to ensure—
(i) public access to Governors Island;
(ii) the preservation and protection of
historic structures on Governors Island for
future generations; and
(iii) the ability of local elected offi-
cials, local community boards, and commu-
nity organizations to participate in the re-
development of Governors Island; and
(B) provides the public with educational,
recreational, and cultural opportunities.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide for the protection of historic mili-
tary structures on Governors Island in New York
Harbor;
(2) to provide the general public with—
(A) access to Governors Island and the
Governors Island National Monument;
(B) access to open park space and rec-
reational resources;
(C) access to the majestic views of New
York Harbor; and
(D) opportunities that illustrate the signifi-
cant contributions of Governors Island to the
history of the United States;
(3) to return to the people of the State of New
York property that the State of New York conveyed
to the Federal Government, for nominal consider-
ation, to provide for the defense of the United
States; and
(4) to ensure that the Secretary retains the
rights necessary to operate the Governors Island Na-
tional Monument.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices.
(2) CITY.—The term ‘‘City’’ means the City of
New York.
(3) CORPORATION.—The term ‘‘Corporation’’
means Governors Island Redevelopment Corporation,
a subsidiary of the Empire State Development Cor-
poration governed by a board to be appointed by the
State and the City (or any successor entity).
(4) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan prepared
under section 4(c).
(5) 
MONUMENT.—The 
term 
‘‘Monument’’
means the Governors Island National Monument es-
tablished by Presidential Proclamation 7402 of Jan-
uary 19, 2001 (66 Fed. Reg. 7855).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) STATE.—The term ‘‘State’’ means the State
of New York.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) 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, not later
than 180 days after the date of enactment of this Act,
the Administrator shall transfer to the Secretary, for no
consideration, administrative jurisdiction over, and man-
agement of, the Monument.
(b) 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, in consultation with the Corporation, may
consult, and enter into cooperative agreements, with
interested entities and individuals to provide for the
preservation, development, interpretation, and use of
the Monument.
(3) 
INTERPRETIVE
SERVICES.—Subject 
to
agreement of the Corporation, the Secretary may
provide interpretive services and signage in the Gov-
ernors Island National Historic Landmark District.
(c) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of this Act, in consultation
with the Corporation and other appropriate public
and private entities, the Secretary shall prepare a
management plan for the Monument.
(2) APPLICABLE
LAW.—The Secretary shall
prepare the management plan in accordance with—
(A) section 12(b) of the Act entitled ‘‘An
Act to improve the administration of the na-
tional park system by the Secretary of the Inte-
rior, and to clarify the authorities applicable to
the system, and for other purposes’’, approved
August 18, 1970 (16 U.S.C. 1a–7(b)); and
(B) other applicable law.
(3) SUBMISSION.—On completion of the man-
agement plan, the Secretary shall submit the man-
agement plan to—
(A) the Committee on Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(d) RESERVATIONS.—
(1) RIGHT OF ACCESS.—As a condition of the
conveyance under section 5, the Administrator shall
reserve the right of access—
(A) for the Secretary to the Monument for
the preservation, maintenance, and public en-
joyment of the Monument; and
(B) for the Secretary of Transportation for
the operation and maintenance of aids to navi-
gation located on Governors Island.
(2) UTILITIES.—The provision of and access to
utilities to the Monument shall be a condition of the
conveyance under section 5—
(A) in accordance with the public service
law of the State; and
(B) subject to an agreement between the
Secretary and the Corporation.
(3) MAINTENANCE FACILITY.—As a condition
of the conveyance under section 5, the Administrator
shall reserve for the Secretary any buildings that the
Secretary determines necessary for the operation
and maintenance of the Monument, subject to an
agreement between the Secretary and the Corpora-
tion.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out annual operation and maintenance of
the Monument.
SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.
(a) IN GENERAL.—
(1) 
CONVEYANCE.—Notwithstanding 
section
9101 of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 670) or any other provision
of law, and except as provided in paragraphs (2) and
(3), not later than 180 days after the date of enact-
ment of this Act, the Administrator shall convey to
the State of New York, for no consideration and for
use consistent with subsections (a)(14) and (b) of
section 2, all right, title, and interest of the United
States in and to Governors Island, to be adminis-
tered by the Corporation.
(2) LIMITATION.—The conveyance under para-
graph (1) shall be subject to the rights of the Sec-
retary described in section 4.