§ 410ddd. — New Bedford Whaling National Historical Park.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410ddd]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-BB--NEW BEDFORD NATIONAL HISTORICAL PARK
Sec. 410ddd. New Bedford Whaling National Historical Park
(a) Findings and purposes
(1) Findings
The Congress finds that--
(A) the New Bedford National Historic Landmark District and
associated historic sites as described in subsection (c)(2) of
this section, 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;
(B) 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;
(C) 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\
---------------------------------------------------------------------------
\1\ So in original. The word ``and'' probably should not appear.
---------------------------------------------------------------------------
(D) 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
(E) the National Park System presently contains no sites
commemorating whaling and its contribution to American history.
(2) Purposes
The purposes of this section are--
(A) to help preserve, protect, and interpret the resources
within the areas described in subsection (c)(2) of this section,
including architecture, setting, and associated archival and
museum collections;
(B) 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
(C) to provide opportunities for the inspirational benefit
and education of the American people.
(b) Definitions
For the purposes of this section--
(1) the term ``park'' means the New Bedford Whaling National
Historical Park established by subsection (c) of this section; and
(2) the term ``Secretary'' means the Secretary of the Interior.
(c) New Bedford Whaling National Historical Park
(1) 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 associated with the history of whaling and
related social and economic themes in America, there is established
the New Bedford Whaling National Historical Park.
(2) Boundaries
(A) 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:
(i) 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.
(ii) The National Historic Landmark Schooner Ernestina, with
its home port in New Bedford.
(iii) 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.
(iv) 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.
(B) 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:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of land adjacent to
the State Pier.
(iii) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(iv) The Wharfinger Building, located on Piers 3 and 4.
(v) The Bourne Counting House, located on Merrill's Wharf.
(d) Related facilities
To ensure that the contribution of Alaska Natives to the history of
whaling in the United States is fully recognized, the Secretary shall
provide--
(1) 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
(2) appropriate assistance and funding for the North Slope
Borough Cultural Center.
(e) Administration of park
(1) In general
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 sections 1, 2, 3, 4,
and 461 to 467 of this title.
(2) Cooperative agreements
(A) 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.
(B) 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.
(3) Non-Federal matching requirements
(A) Funds authorized to be appropriated to the Secretary for the
purposes of--
(i) 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
(ii) 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.
(B) 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.
(4) Acquisition of real property
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.
(5) Other property, funds, and services
The Secretary may accept donated funds, property, and services
to carry out this section.
(f) General management plan
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 1a-7(b) of this title
and other applicable law.
(g) Authorization of appropriations
(1) In general
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) of this section.
(2) Exceptions
In carrying out this section--
(A) not more than $2,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor and
interpretive facilities, and directional and visitor orientation
signage;
(B) none of the funds authorized to be appropriated by this
section may be used for the operation or maintenance of the
Schooner Ernestina; and
(C) 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) of this section.
(Pub. L. 104-333, div. I, title V, Sec. 511, Nov. 12, 1996, 110 Stat.
4159; Pub. L. 106-176, title I, Sec. 111(a), Mar. 10, 2000, 114 Stat.
26.)
Amendments
2000--Pub. L. 106-176, Sec. 111(a)(1), substituted ``Whaling
National Historical Park'' for ``National Historic Landmark District''
in section catchline.
Subsec. (c)(1). Pub. L. 106-176, Sec. 111(a)(2)(A), substituted
``certain districts, structures, and relics'' for ``certain districts
structures, and relics''.
Subsec. (c)(2)(A)(i). Pub. L. 106-176, Sec. 111(a)(2)(B),
substituted ``The area included within the New Bedford Historic District
(a National Landmark District), also known as the'' for ``The area
included with the New Bedford National Historic Landmark District, known
as the''.
Subsec. (d)(2). Pub. L. 106-176, Sec. 111(a)(3), struck out ``to
provide'' before ``appropriate assistance''.
Subsecs. (e), (f). Pub. L. 106-176, Sec. 111(a)(4), redesignated
subsec. (e), relating to general management plan, as (f). Former subsec.
(f) redesignated (g).
Subsec. (g). Pub. L. 106-176, Sec. 111(a)(4), redesignated subsec.
(f) as (g).
Subsec. (g)(1). Pub. L. 106-176, Sec. 111(a)(5)(A), substituted
``subsection (d) of this section.'' for ``section 3(D).''
Subsec. (g)(2)(C). Pub. L. 106-176, Sec. 111(a)(5)(B), substituted
``cooperative agreements under subsection (e)(2) of this section'' for
``cooperative grants under subsection (d)(2) of this section''.
