16 U.S.C. § 410ddd — New Bedford Whaling National Historical Park
submitted 30 years ago by Pub. L. 104-333 to r/title-16-CONSERVATION · 1,325 words · no verdicts yet
This law creates the New Bedford Whaling National Historical Park in Massachusetts to preserve sites tied to America's 19th-century whaling industry, including the Schooner Ernestina. The Secretary of the Interior runs the park, can make cooperative agreements requiring matching non-federal funding, and must help fund a cultural center in Barrow, Alaska.
(a) Findings and purposes
(1) Congress found that: (A) the New Bedford National Historic Landmark District and related sites, including the Schooner Ernestina, are National Historic Landmarks on the National Register of Historic Places tied to American whaling history; (B) New Bedford was the world's whaling capital in the 1800s and still has the buildings, records, and museum collections to show it; (C) New Bedford's historic sites help explain whaling's effect on America's economy, society, and environment, and let the public enjoy them; (D) in the 1800s, over 2,000 whaling voyages left New Bedford for Alaska's Arctic region, where crews joined Alaska Natives from Barrow and elsewhere in subsistence whaling; and (E) no National Park System site currently honors whaling's role in American history.
(2) The section's purposes are: (A) to preserve, protect, and interpret the resources in the areas described in subsection (c)(2), including buildings, setting, and related archives and museum collections; (B) to work with New Bedford and historical, cultural, and preservation groups to carry out the park's purpose; and (C) to inspire and educate the American people.
(b) Definitions
In this section, "park" means the New Bedford Whaling National Historical Park created by subsection (c), and "Secretary" means the Secretary of the Interior.
(c) New Bedford Whaling National Historical Park
(1) Establishment: This subsection creates the park to preserve historic districts, structures, and relics in New Bedford, Massachusetts, tied to whaling history.
(2) Boundaries: (A) The park's boundaries generally follow map numbered NAR–P49–80,000–4, dated June 1994. If the written descriptions and the map disagree, the map controls. The park includes: (i) the New Bedford Historic District (also called the Bedford Landing Waterfront Historic District), listed on the National and Massachusetts Registers of Historic Places; (ii) the National Historic Landmark Schooner Ernestina, home-ported in New Bedford; (iii) land along the district's eastern edge, east of MacArthur Drive, from the Route 6 overpass to an extension of School Street; and (iv) land north of Elm Street, bounded by Acushnet Avenue, Route 6 ramps, MacArthur Drive, and Elm Street. (B) The Secretary may also help interpret and preserve: (i) the southwest corner of the State Pier; (ii) Waterfront Park, south of the State Pier; (iii) the Rotch-Jones-Duff House and Garden Museum, 396 County Street; (iv) the Wharfinger Building, on Piers 3 and 4; and (v) the Bourne Counting House, on Merrill's Wharf.
(d) Related facilities
To fully recognize Alaska Natives' contribution to American whaling history, the Secretary must provide (1) financial and other help to link the park with the North Slope Borough Cultural Center in Barrow, Alaska, and (2) appropriate assistance and funding for that Center.
(e) Administration of park
(1) The Secretary runs the park under this section and the laws that generally apply to National Park System units, including the 1916 Act creating the National Park Service and the 1935 Historic Sites Act.
(2)(A) The Secretary may consult with and make cooperative agreements with interested people and groups to preserve, develop, interpret, and use the park. (B) If the Secretary pays money under such an agreement, and the funded project is later converted, used, or disposed of for purposes that don't match this section, the United States has a right to be repaid — either the full funds given, or the share of increased project value the funds caused, whichever is greater.
(3) Non-Federal matching requirements: (A) Money spent under (i) cooperative agreements must include one federal dollar for every four dollars from non-federal sources, and (ii) construction, restoration, and rehabilitation of visitor and interpretive facilities (not counting yearly operating costs) must include one federal dollar for every one non-federal dollar. (B) The Secretary may accept and use money from non-federal sources for this purpose; with the Secretary's approval, donated property, services, or goods can count as a non-federal contribution.
(4) Acquisition of real property: The Secretary may only acquire land, land interests, and improvements needed for essential visitor and interpretive facilities, and only by donation.
(5) Other property, funds, and services: The Secretary may accept donated funds, property, and services to carry out this section.
(f) General management plan
By the end of the second fiscal year after November 12, 1996, the Secretary had to send Congress a general management plan for the park and carry it out as soon as practical, prepared under section 100502 of title 54 and other applicable law.
(g) Authorization of appropriations
(1) Except as in paragraph (2), Congress may appropriate whatever money is needed for the park's yearly operations, maintenance, and the Alaska activities in subsection (d).
(2) Limits: (A) no more than $5,000,000 total may go to building, restoring, and fixing up visitor and interpretive facilities and signage; (B) none of this section's money can go toward operating or maintaining the Schooner Ernestina; and (C) no more than $50,000 a year of federal money can go to interpretive and education programs for the Schooner Ernestina under cooperative agreements.
The Congress finds that—
the New Bedford National Historic Landmark District and associated historic sites as described in subsection (c)(2), including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States;
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;
New Bedford’s historic resources provide unique opportunities for illustrating and interpreting the whaling industry’s contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and 1
during the nineteenth century, over two thousand whaling voyages sailed out of New Bedford to the Arctic region of Alaska, and joined Alaska Natives from Barrow, Alaska and other areas in the Arctic region in subsistence whaling activities; and
the National Park System presently contains no sites commemorating whaling and its contribution to American history.
The purposes of this section are—
to help preserve, protect, and interpret the resources within the areas described in subsection (c)(2), including architecture, setting, and associated archival and museum collections;
to collaborate with the city of New Bedford and with associated historical, cultural, and preservation organizations to further the purposes of the park established under this section; and
to provide opportunities for the inspirational benefit and education of the American people.
For the purposes of this section—
the term “park” means the New Bedford Whaling National Historical Park established by subsection (c); and
the term “Secretary” means the Secretary of the Interior.
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 associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park.
The boundaries of the park shall be those generally depicted on the map numbered NAR–P49–80,000–4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in clauses (i) through (iv) and such map, such map shall govern. The park shall include the following:
The area included within the New Bedford Historic District (a National Landmark District), also 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.
The National Historic Landmark Schooner Ernestina, with its home port in New Bedford.
The land along the eastern boundary of the New Bedford National Historic Landmark District over the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south.
The land north of Elm Street in New Bedford, 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 addition to the sites, areas, and relics referred to in subparagraph (A), the Secretary may assist in the interpretation and preservation of each of the following:
The southwest corner of the State Pier.
Waterfront Park, immediately south of land adjacent to the State Pier.
The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street.
The Wharfinger Building, located on Piers 3 and 4.
The Bourne Counting House, located on Merrill’s Wharf.
To ensure that the contribution of Alaska Natives to the history of whaling in the United States is fully recognized, the Secretary shall provide—
financial and other assistance to establish links between the New Bedford Whaling National Historical Park and the North Slope Borough Cultural Center, located in Barrow, Alaska; and
appropriate assistance and funding for the North Slope Borough Cultural Center.
The park shall be administered by the Secretary in accordance with this section and the provisions 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) 2 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).2
The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.
Any payment made by the Secretary pursuant to a cooperative agreement under this paragraph shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section, 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 increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.
Funds authorized to be appropriated to the Secretary for the purposes of—
cooperative agreements under paragraph (2) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and
construction, restoration, and rehabilitation of visitors and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources.
For the purposes of this paragraph, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this section, any money so contributed. With the approval of the Secretary, any donation of property, 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 paragraph.
For the purposes of the park, the Secretary may acquire only by donation such lands, interests in lands, and improvements thereon within the park as are needed for essential visitor contact and interpretive facilities.
The Secretary may accept donated funds, property, and services to carry out this section.
Not later than the end of the second fiscal year beginning after November 12, 1996, the Secretary shall submit to the Committee on 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 as soon as practically possible. The plan shall be prepared in accordance with section 100502 of title 54 and other applicable law.
Except as provided in paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park and to carry out the activities under subsection (d).
In carrying out this section—
not more than $5,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage;
none of the funds authorized to be appropriated by this section may be used for the operation or maintenance of the Schooner Ernestina; and
not more than $50,000 annually of Federal funds may be used for interpretive and education programs for the Schooner Ernestina pursuant to cooperative agreements under subsection (e)(2).
Source credit: (Pub. L. 104–333, div. I, title V, § 511, Nov. 12, 1996, 110 Stat. 4159; Pub. L. 106–176, title I, § 111(a), Mar. 10, 2000, 114 Stat. 26; Pub. L. 108–7, div. F, title I, § 154, Feb. 20, 2003, 117 Stat. 246.)
- 1996Enacted · Pub. L. 104-333 · 110 Stat. 4159
- 2000Amended · Pub. L. 106-176 · 114 Stat. 26
- 2003Amended · Pub. L. 108-7 · 117 Stat. 246
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-333 on 1996-11-12.
all 0 arguments · sorted by: best
no arguments yet — make the first case