II 

109TH CONGRESS 

2D SESSION S. 2645 

To establish the Journey Through Hallowed Ground National Heritage Area, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2006 

Mr. ALLEN (for himself and Mr. WARNER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To establish the Journey Through Hallowed Ground National 

Heritage Area, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; DEFINITIONS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Journey Through Hallowed Ground National Heritage 

6 Area Act of 2006’’. 

7 (b) DEFINITIONS.—For the purposes of this Act, the 

8 following definitions shall apply: 

9 (1) HERITAGE AREA.—The terms ‘‘Heritage 

10 Area’’ and ‘‘Area’’ mean the Journey Through HalVerDate Aug 31 2005 02:01 Apr 28, 2006 Jkt 049196 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645

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1 lowed Ground National Heritage Area established by 

2 section 3. 

3 (2) MANAGEMENT ENTITY.—The term ‘‘man4 agement entity’’ means The Journey Through Hal5 lowed Ground Partnership, a Virginia corporation 

6 referred to in section 3(c), or its successor entity. 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Heritage Area specified in section 5(b). 

10 (4) PARTNER.—The term ‘‘partner’’ means— 

11 (A) a Federal, State, or local governmental 

12 entity; and 

13 (B) an organization, private industry, or 

14 individual involved in promoting the conserva15 tion and preservation of the historical, cultural 

16 and recreational resources of the Heritage Area. 

17 (5) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 SEC. 2. FINDINGS AND PURPOSE. 

20 (a) FINDINGS.—The Congress finds the following: 

21 (1) Numerous sites of significant American her22 itage are situated in the Journey Through Hallowed 

23 Ground National Heritage Area, from Gettysburg, in 

24 the Commonwealth of Pennsylvania, along the Route 

25 15 corridor in Maryland, looping to Harpers Ferry, 


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1 West Virginia, back to the Route 15/20 corridor 

2 area to Monticello in Albemarle County in the Com3 monwealth of Virginia. 

4 (2) Included among the numerous historically 

5 significant sites, structures, battlefields, and districts 

6 are 8 homes of former United States Presidents, the 

7 largest concentration of Civil War battlefields in the 

8 country, the greatest concentration of rural historic 

9 districts in the country, 13 National Historic Land10 marks, 2 World Heritage Sites, 15 Main Street 

11 Communities, 13 National Park Units, and 47 His12 toric Districts, and the largest concentration of 

13 Rural Historic Districts in the country, which are 

14 collectively and individually of national significance 

15 in the early history of our Nation. 

16 (3) In 1996, a collaborative public-private part17 nership effort, including the National Trust for His18 toric Preservation, the National Park Service, Scenic 

19 America, private citizens, and a 4 State coalition of 

20 local and regional governmental and private sector 

21 organizations began work to assess historic sites 

22 along the Route 15 Area. The initiative issued a 

23 comprehensive study of significant sites and struc24 tures (cataloguing over 7,000 buildings already on 

25 the National Register of Historic Places) in the HerVerDate Aug 31 2005 02:58 May 04, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645

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1 itage Area associated with Native American, African 

2 American, European American, Colonial American, 

3 Revolutionary, and Civil War history, and concluded 

4 that the sites possess historical, cultural, and archi5 tectural value of national significance and retain a 

6 high degree of historical integrity. 

7 (4) The preservation and interpretation of the 

8 sites within the Heritage Area will make a vital con9 tribution to the understanding of the development 

10 and heritage of the United States of America for the 

11 education and benefit of present and future genera12 tions. 

13 (5) The Secretary of Interior is responsible for 

14 protecting the historical and cultural resources of 

15 the United States. 

16 (6) There are significant examples of those re17 sources within the Heritage Area that merit the in18 volvement of the Federal Government to develop 

19 programs and projects, in cooperation with the man20 agement entity, local, and State governmental bod21 ies, to adequately conserve, support, protect and in22 terpret this heritage. 

23 (7) Partnerships between Federal, State, and 

24 local governments, the regional entities of such gov25 ernments, the private sector, and citizenry offer the 


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1 most effective opportunities for the enhancement 

2 and management of the historical sites throughout 

3 the 4 State Heritage Area to promote the cultural 

4 and historical attractions of the area for visitors and 

5 the local economy. 

6 (8) The Journey Through Hallowed Ground 

7 Partnership would be an appropriate management 

8 entity for a heritage area established in this region. 

9 (b) PURPOSE.—The purposes of the Journey 

10 Through Hallowed Ground National Heritage Area are— 

11 (1) to preserve, support, conserve, and interpret 

12 the legacy of the American history created along the 

13 Heritage Area; 

14 (2) to promote heritage, cultural and rec15 reational tourism and to develop educational and 

16 cultural programs for visitors and the general public; 

17 (3) to recognize and interpret important events 

18 and geographic locations representing key develop19 ments in the creation of America, including Native 

20 American, Colonial American, European American, 

21 and African American heritage; 

22 (4) to recognize and interpret the effect of the 

23 Civil War on the civilian population of the Heritage 

24 Area during the war and post-war reconstruction pe25 riod; and 


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1 (5) to enhance a cooperative management 

2 framework to assist the Commonwealth of Virginia, 

3 the State of Maryland, the Commonwealth of Penn4 sylvania, the State of West Virginia, and their units 

5 of local government, the private sector, and area citi6 zens in conserving, supporting, enhancing, and inter7 preting the significant historic, cultural and rec8 reational sites in the Heritage Area in a manner 

9 consistent with compatible economic development for 

10 the benefit and inspiration of present and future 

11 generations. 

12 SEC. 3. JOURNEY THROUGH HALLOWED GROUND NA13 TIONAL HERITAGE AREA. 

14 (a) ESTABLISHMENT.—There is hereby established 

15 the Journey Through Hallowed Ground National Heritage 

16 Area. 

17 (b) BOUNDARIES.— 

18 (1) IN GENERAL.—The Heritage Area shall 

19 consist of the 175-miles of historic transportation 

20 routes generally following the Route 15 Area and 

21 surroundings from Adams County, Pennsylvania 

22 through Frederick County, Maryland, looping 

23 through Brunswick, Maryland to Harper’s Ferry, 

24 West Virginia, back through Route 9 in Loudoun 

25 County to the Route 15 corridor encompassing 


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1 Loudoun, Prince William, Fauquier, Culpepper, and 

2 Orange Counties in the Commonwealth of Virginia, 

3 and generally following the Route 20/231/22 area 

4 through Albemarle County in the Commonwealth of 

5 Virginia. The boundaries of the Heritage Area shall 

6 include all of those lands and interests as generally 

7 depicted on a map entitled ‘‘The Journey Through 

8 Hallowed Ground’’, numbered SHVA/80,000 and 

9 dated February 2006. 

10 (2) MAP.—The map referred to in paragraph 

11 (1) shall be on file in the appropriate offices of the 

12 National Park Service. 

13 (3) PUBLICATION.—The Secretary of the Inte14 rior shall publish in the Federal Register, as soon as 

15 practical after the date of the enactment of this Act, 

16 a detailed description and map of the boundaries es17 tablished under this subsection. 

18 (c) MANAGEMENT ENTITY.—The management entity 

19 for the Heritage Area shall be The Journey Through Hal20 lowed Ground Partnership, a Virginia corporation, the 

21 Board of Directors of which shall include representatives 

22 from a broad cross-section of the individuals, agencies, or23 ganizations, States, and governments that were involved 

24 in the planning and development of the Heritage Area be25 fore the date of enactment of this Act and which shall 


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1 oversee the development of a management plan in accord2 ance with section 5(b). 

3 SEC. 4. COMPACT. 

4 To carry out the purposes of this Act, the Secretary 

5 shall enter into a compact with the management entity. 

6 The compact shall include information relating to the ob7 jectives and management of the Heritage Area, including 

8 each of the following: 

9 (1) A delineation of the boundaries of the Her10 itage Area. 

11 (2) A discussion of the goals and objectives of 

12 the Heritage Area. 

13 (3) An explanation of the proposed approach to 

14 conservation and interpretation of the Heritage 

15 Area. 

16 (4) A general outline of the measures to which 

17 the management entity and partners commit. 

18 SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTI19 TY. 

20 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.— 

21 (1) AUTHORITY TO ACCEPT FUNDS.—The man22 agement entity may accept funds from any Federal 

23 source and from States and their political subdivi24 sions, private organizations, non-profit organizaVerDate Aug 31 2005 02:01 Apr 28, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645

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1 tions, or any other person to carry out its authori2 ties and duties under this Act. 

3 (2) USE OF FUNDS.—The management entity 

4 may use funds made available under this Act for 

5 purposes of preparing, updating, and implementing 

6 the management plan developed under subsection 

7 (b). Such purposes may include the following: 

8 (A) Making grants to, and entering into 

9 cooperative agreements with, States and their 

10 political subdivisions, private organizations, 

11 non-profit organizations or any other person. 

12 (B) Hiring and compensating staff. 

13 (C) Entering into contracts for goods and 

14 services. 

15 (D) Acquisition of lands or interests in 

16 lands by gift, devise, or by purchase from a 

17 willing seller using donated or appropriated 

18 funds. No lands or interests in lands may be ac19 quired by condemnation. 

20 (E) Undertaking any other initiatives that 

21 advance the purposes of the Heritage Area. 

22 (b) MANAGEMENT PLAN.—The management entity 

23 shall develop a management plan for the Heritage Area 

24 that— 


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1 (1) presents comprehensive strategies and rec2 ommendations for conservation, funding, manage3 ment, and development of the Heritage Area; 

4 (2) takes into consideration existing State, 

5 county, and local plans and involves residents, public 

6 agencies, and private organizations working in the 

7 Heritage Area; 

8 (3) includes a description of actions that units 

9 of government and private organizations have agreed 

10 to undertake to protect the resources of the Heritage 

11 Area; 

12 (4) specifies the existing and potential sources 

13 of funding to protect, support, manage, and develop 

14 the Heritage Area; 

15 (5) includes an inventory of the property and 

16 resources in the Heritage Area that should be pre17 served, restored, supported, managed, developed, 

18 maintained, or acquired because of its national his19 toric significance; 

20 (6) lists any revisions to the boundaries of the 

21 Heritage Area proposed by the management entity 

22 and requested by affected local governments; 

23 (7) includes an analysis of ways in which local, 

24 State, and Federal programs may be best coordi25 nated to promote the purposes of this Act; including 


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1 recommendations to the Commonwealth of Virginia, 

2 the States of Maryland and West Virginia, and the 

3 Commonwealth of Pennsylvania (and political sub4 divisions thereof) for the management, protection, 

5 support, and interpretation of the natural, cultural, 

6 and historical resources of the Area; 

7 (8) identifies appropriate partnerships between 

8 the Federal, State, and local governments and re9 gional entities, and the private sector, in furtherance 

10 of the purposes of the Act; 

11 (9) includes locations for visitor contact and 

12 major interpretive facilities; 

13 (10) includes provisions for appropriate living 

14 history demonstrations and battlefield reenactments; 

15 (11) includes provisions for implementing a 

16 continuing program interpretation and visitor edu17 cation concerning the resources and values of the 

18 Area; 

19 (12) includes provisions for a uniform historical 

20 marker and wayside exhibit program in the Area, in21 cluding a provision for marking, with the consent of 

22 the owner, historic structures and properties that 

23 are contained within the historic core areas and con24 tribute to the understanding of the Area; 


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1 (13) includes provisions for the protection and 

2 interpretation of the natural, cultural, and historic 

3 resources of the Heritage Area consistent with this 

4 Act; and 

5 (14) includes provisions for the development of 

6 educational outreach programs for students of all 

7 ages to further the understanding of the vast re8 sources within the Heritage Area. 

9 (c) DEADLINE; TERMINATION OF FUNDING.— 

10 (1) DEADLINE.—The management entity shall 

11 submit the management plan to the Secretary not 

12 later than 2 years after the funds are made available 

13 for this Act. Prior to submitting the draft plan to 

14 the Secretary, the management entity shall ensure 

15 that— 

16 (A) the Commonwealth of Virginia, the 

17 States of Maryland and West Virginia, the 

18 Commonwealth of Pennsylvania, and any polit19 ical subdivision thereof that would be affected 

20 by the plan, receives a copy of the draft plan; 

21 (B) adequate notice of availability of the 

22 draft plan is provided through publication in 

23 appropriate local newspapers in the area of the 

24 Heritage Area; and 


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1 (C) at least 1 public hearing conducted by 

2 the management entity in each State at a loca3 tion within the Heritage Area to review and re4 ceive comments on the draft plan. 

5 (2) TERMINATION OF FUNDING.—If a manage6 ment plan is not submitted to the Secretary in ac7 cordance with this subsection, the Secretary shall 

8 not, after that date, provide any grant or other as9 sistance under this Act with respect to the Heritage 

10 Area until a management plan for the Heritage Area 

11 is submitted to the Secretary. 

12 (d) DUTIES OF MANAGEMENT ENTITY.—The man13 agement entity shall— 

14 (1) give priority to implementing actions set 

15 forth in the compact and management plan; 

16 (2) assist units of government, regional plan17 ning organizations, and nonprofit organizations in— 

18 (A) establishing and maintaining interpre19 tive materials and exhibits in the Heritage 

20 Area; 

21 (B) developing historical and cultural re22 sources and educational programs in the Herit23 age Area; 

24 (C) increasing public awareness of and ap25 preciation for the natural, historical, and archiVerDate Aug 31 2005 02:01 Apr 28, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645

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1 tectural resources and sites in the Heritage 

2 Area; 

3 (D) the restoration of any historic building 

4 relating to the themes of the Heritage Area; 

5 (E) ensuring that clear signs identifying 

6 access points and sites of interest are put in 

7 place throughout the Heritage Area; and 

8 (F) carrying out other actions that the 

9 management entity determines to be advisable 

10 to fulfill the purposes of this Act; 

11 (3) encourage by appropriate means economic 

12 viability in the Heritage Area consistent with the 

13 goals of the management plan; 

14 (4) consider the interests of diverse govern15 mental, business, and nonprofit groups within the 

16 Heritage Area; and 

17 (5) for any year in which Federal funds have 

18 been provided to implement the management plan 

19 under subsection (b)— 

20 (A) conduct public meetings at least annu21 ally regarding the implementation of the man22 agement plan; 

23 (B) submit an annual report to the Sec24 retary setting forth accomplishments, expenses 

25 and income, and each person to which any 


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1 grant was made by the management entity in 

2 the year for which the report is made; and 

3 (C) require, for all agreements entered into 

4 by the management entity authorizing expendi5 ture of Federal funds by any other person, that 

6 the person making the expenditure make avail7 able to the management entity for audit all 

8 records pertaining to the expenditure of such 

9 funds. 

10 (e) PROHIBITION ON THE ACQUISITION OF REAL

11 PROPERTY.—The management entity may not use Fed12 eral funds received under this Act to acquire real property 

13 or any interest in real property. 

14 SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. 

15 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (1) IN GENERAL.— 

17 (A) OVERALL ASSISTANCE.—The Secretary 

18 may, upon the request of the management enti19 ty, and subject to the availability of appropria20 tions, provide technical and financial assistance 

21 to the management entity to carry out its du22 ties under this Act, including updating and im23 plementing a management plan that is sub24 mitted under section 5(b) and approved by the 


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1 Secretary and, prior to such approval, providing 

2 assistance for initiatives. 

3 (B) OTHER ASSISTANCE.—If the Secretary 

4 has the resources available to provide technical 

5 assistance to the management entity to carry 

6 out its duties under this Act (including updat7 ing and implementing a management plan that 

8 is submitted under section 5(b) and approved 

9 by the Secretary and, prior to such approval, 

10 providing assistance for initiatives), upon the 

11 request of the management entity the Secretary 

12 shall provide such assistance on a reimbursable 

13 basis. This subparagraph does not preclude the 

14 Secretary from providing nonreimbursable as15 sistance under subparagraph (A). 

16 (2) PRIORITY.—In assisting the management 

17 entity, the Secretary shall give priority to actions 

18 that assist in the— 

19 (A) implementation of the management 

20 plan; 

21 (B) provision of educational assistance and 

22 advice regarding land use management to con23 serve the significant historic resources of the re24 gion; 


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1 (C) development and application of tech2 niques promoting the preservation of cultural, 

3 recreational and historic properties; 

4 (D) preservation, restoration, and reuse of 

5 publicly and privately owned historic buildings; 

6 (E) design and fabrication of a wide range 

7 of interpretive materials based on the manage8 ment plan, including, among other things, guide 

9 brochures, visitor displays, audio-visual, books, 

10 interpretive dialogues, interactive exhibits, and 

11 educational curriculum materials for public edu12 cation; and 

13 (F) implementation of initiatives prior to 

14 approval of the management plan. 

15 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

16 PLANS.—The Secretary, in consultation with the Gov17 ernors of the Commonwealth of Virginia, the States of 

18 Maryland and West Virginia, the Commonwealth of Penn19 sylvania, shall approve or disapprove a management plan 

20 submitted under this Act not later than 90 days after re21 ceiving such plan. In approving the plan, the Secretary 

22 shall take into consideration the following criteria: 

23 (1) The extent to which the management plan, 

24 when implemented, would adequately preserve, supVerDate Aug 31 2005 02:01 Apr 28, 2006 Jkt 049196 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645

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1 port and protect the significant historical, cultural 

2 and recreational resources of the Heritage Area. 

3 (2) The level of public participation in the de4 velopment of the management plan. 

5 (3) The extent to which the board of directors 

6 of the management entity is representative of the 

7 local governments affected and a wide range of in8 terested organizations and citizens. 

9 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec10 retary disapproves a management plan, the Secretary shall 

11 advise the management entity in writing of the reasons 

12 for the disapproval and shall make recommendations for 

13 revisions in the management plan. The Secretary shall ap14 prove or disapprove a proposed revision within 90 days 

15 after the date it is submitted. 

16 (d) APPROVING CHANGES.—The Secretary shall re17 view and approve amendments to the management plan 

18 under subsection (b) that make substantial changes. 

19 Funds appropriated under this Act may not be expended 

20 to implement such changes until the Secretary approves 

21 the amendments. 

22 (e) EFFECT OF INACTION.—If the Secretary does not 

23 approve or disapprove a management plan, revision, or 

24 change within 90 days after it is submitted to the SecVerDate Aug 31 2005 02:01 Apr 28, 2006 Jkt 049196 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2645.IS S2645

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1 retary, then such management plan, revision, or change 

2 shall be deemed to have been approved by the Secretary. 

3 SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. 

4 Any Federal entity conducting or supporting activi5 ties directly affecting the Heritage Area shall— 

6 (1) consult with the Secretary and the manage7 ment entity with respect to such activities; 

8 (2) cooperate with the Secretary and the man9 agement entity in carrying out their duties under 

10 this Act and, to the maximum extent practicable, co11 ordinate such activities with the carrying out of such 

12 duties; and 

13 (3) to the maximum extent practicable, conduct 

14 or support such activities in a manner that the man15 agement entity determines shall not have an adverse 

16 effect on the Heritage Area. 

17 SEC. 8. SUNSET. 

18 The Secretary may not make any grant or provide 

19 any assistance under this Act after the expiration of the 

20 15-year period beginning on the date that funds are first 

21 made available for this Act. 

22 SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE 

23 PROPERTY. 

24 (a) NOTIFICATION AND CONSENT OF PROPERTY

25 OWNERS REQUIRED.—No privately owned property shall 


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1 be preserved, conserved, or promoted under the manage2 ment plan for the Heritage Area until the owner of that 

3 private property has been— 

4 (1) notified in writing by the management enti5 ty; and 

6 (2) given written consent for such preservation, 

7 conservation, or promotion to the management enti8 ty. 

9 (b) LANDOWNER WITHDRAW.—Any owner of private 

10 property included within the boundary of the Heritage 

11 Area shall have their property immediately removed from 

12 the boundary by submitting a written request to the man13 agement entity. 

14 (c) CHANGE OF OWNERSHIP.—If private property in15 cluded within the boundary of the Heritage Area has been 

16 excluded from the Heritage Area or has not been pre17 served, conserved, or promoted under the management 

18 plan for the Heritage Area because the owner has not 

19 given or has withdrawn consent, upon change of ownership 

20 of that private property, the management entity may re21 quest consent from the new owners. 

22 SEC. 10. PRIVATE PROPERTY PROTECTION. 

23 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

24 this Act shall be construed to— 


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1 (1) require any private property owner to allow 

2 public access (including Federal, State, or local gov3 ernment access) to such private property; or 

4 (2) modify any provision of Federal, State, or 

5 local law with regard to public access to or use of 

6 private property. 

7 (b) LIABILITY.—Designation of the Heritage Area 

8 shall not be considered to create any liability, or to have 

9 any effect on any liability under any other law, of any pri10 vate property owner with respect to any persons injured 

11 on such private property. 

12 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

13 USE.—Nothing in this Act shall be construed to modify 

14 the authority of Federal, State, or local governments to 

15 regulate land use. 

16 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

17 IN HERITAGE AREA.—Nothing in this Act shall be con18 strued to require the owner of any private property located 

19 within the boundaries of the Heritage Area to participate 

20 in or be associated with the Heritage Area. 

21 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

22 designated for the Heritage Area represent the area within 

23 which Federal funds appropriated for the purpose of this 

24 Act may be expended. The establishment of the Heritage 

25 Area and its boundaries shall not be construed to provide 


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1 any nonexisting regulatory authority on land use within 

2 the Heritage Area or its viewshed by the Secretary, the 

3 National Park Service, or the management entity. 

4 SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

5 Nothing in this Act shall preclude the management 

6 entity from using Federal funds available under Acts other 

7 than this Act for the purposes for which those funds were 

8 authorized. 

9 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated to carry out this Act the following funds, which 

12 shall remain available until expended: 

13 (1) Not more than $1,000,000 for any fiscal 

14 year. 

15 (2) Not more than a total of $10,000,000. 

16 (b) 50 PERCENT MATCH.—Financial assistance pro17 vided under this Act may not be used to pay more than 

18 50 percent of the total cost of any activity carried out with 

19 that assistance. 

Æ 


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