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HOUSE DOCKET, NO. 3199        FILED ON: 1/12/2009

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3142


The Commonwealth of Massachusetts



Robert F. Fennell


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to the Essex National Heritage Commission. .

____ ___________





Robert F. Fennell

10th Essex

Bruce E. Tarr

First Essex and Middlesex

Thomas M. McGee

Third Essex and Middlesex

SEE HOUSE, NO. 3399 OF 2007-2008.]

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine


An Act relative to the Essex National Heritage Commission. .


SECTION 1.   Notwithstanding any General or special law to the contrary, the Commonwealth of Massachusetts shall recognize the Essex National Heritage Commission (hereinafter “the Commission”), the administrative entity of the Essex National Heritage Area (hereinafter “the Area”), proper and consistent with the Commission’s present recognition as a public service entity by the United States Department of the Interior and the National Park Service as established in the Federal Omnibus Parks and Public Lands Management Act of 1996, division II, title V, section 504 of Public Law 104-333, and being in compliance with the federal Executive Office of Managemen t and Budget’s Circulars A-110, A-122, and A-133. Recognition of the Commission does not “diminish, enlarge, or modify any right of the Commonwealth of Massachusetts or any political subdivision thereof, to exercise civil and criminal jurisdiction or to ca rry out State laws, rules, and regulations within the Area” [Federal law, Section 1029(d)(2)].

                                SECTION 2.                     The Commission, in its capacity as a not-for-profit charitable organization under section 501(c)3 of the Federal tax code, and by providing essential services to the people, businesses, organizations, and communities of the Commonwealth of Massachusetts and in particular Essex County through the preservation, promotion, and interpretation of the unique historical, cultural, a nd natural resources of the Area and its collaborative efforts to build regional partnerships with local organizations, institutions, businesses, sites, municipalities, agencies, individuals, and groups that further advance said services, is hereby acknowl edged to be an entity in the service of the public good of the Commonwealth.   As such, the Commission is hereby authorized to receive such appropriations as the Court shall from time to time allow in accordance with the State and Federal laws current to th at effect.

                              SECTION 3.                     Nothing in this act or in the right to appropriation recognized by this act shall interfere with or modify the rights or responsibilities of the Commission, its officers, employees, or agents, or the Commonwealth of Massachusetts or any subdivision thereof.

                              SECTION 4.                     This act and the provisions herein shall take effect immediately upon passage of this act.

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