Union Calendar No. 87

104TH CONGRESS

1ST SESSION H. R. 1091

[Report No. 104–176]

A BILL

To improve the National Park System in the

Commonwealth of Virginia.

JULY 11, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 87

104TH CONGRESS

1ST SESSION H. R. 1091

[Report No. 104–176]

To improve the National Park System in the Commonwealth of Virginia.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1995

Mr. BLILEY (for himself, Mr. GOODLATTE, Mr. BATEMAN, and Mr. WOLF)

introduced the following bill; which was referred to the Committee on Resources

JULY 11, 1995

Additional sponsors: Mr. BOUCHER, Mr. SCOTT, and Mr. LEACH

JULY 11, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 1, 1995]

A BILL

To improve the National Park System in the Commonwealth

of Virginia.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—RICHMOND NATIONAL

2 BATTLEFIELD PARK

3 SEC. 101. MODIFICATION OF BOUNDARY.

4 The first section of the Act of March 2, 1936 (Chapter

5 113; 49 Stat. 1155), is amended to read as follows:

6 ‘‘SECTION 1. (a) In order to preserve the site of the

7 1862 Peninsula Campaign and the 1864–65 battle of Rich8 mond, in the vicinity of Richmond, Virginia, as a national

9 battlefield park for the benefit and inspiration of the people

10 of the United States, there is hereby established, subject to

11 existing rights, the Richmond National Battlefield Park

12 (hereinafter in this Act referred to as the ‘Park’).

13 ‘‘(b) The Park shall consist of—

14 ‘‘(1) lands, waters, and interests therein within

15 the area generally depicted on the map entitled ‘Rich16 mond National Battlefield Park, Land Status Map’,

17 numbered 367/92,000, and dated September 1993;

18 and

19 ‘‘(2) upon donation of title acceptable to the Sec20 retary of the Interior (and acceptance by the Sec21 retary), the following tracts: a tract of 750 acres at

22 Malvern Hill, a tract of 15 acres at Beaver Dam

23 Creek, a tract of 100 acres at Cold Harbor, and a

24 tract of 42 acres at Bethesda Church.
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1 ‘‘(c) As soon as practicable, the Secretary of the Inte2 rior shall complete a boundary map (including tracts re3 ferred to in subsection (b)(2)) for the Park. The map re4 quired by this subsection and the map referred to in sub5 section (b)(1) shall be on file and available for public in6 spection in the office of the National Park Service, Depart7 ment of the Interior.

8 ‘‘(d) The Congress recognizes the national significance

9 of the Battle of New Market Heights and declares it to be

10 in the public interest to ensure the preservation of the New

11 Market Heights Battlefield so that an important aspect of

12 American history can be interpreted to the public. The Con13 gress directs the Secretary to work cooperatively with the

14 Commonwealth of Virginia, the county of Henrico, Vir15 ginia, and property owners within or impacted by the bat16 tlefield area to develop alternatives to ensure implementa17 tion of these goals. The Secretary shall submit a report out18 lining such alternatives to the Committee on Resources of

19 the House of Representatives and the Committee on Energy

20 and Natural Resources of the Senate no later than June

21 1, 1996.’’.

22 SEC. 102. REPEAL OF PROVISION REGARDING PROPERTY

23 ACQUISITION.

24 The Act of March 2, 1936 (Chapter 113; 49 Stat.

25 1155), is amended by striking section 2.
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1 SEC. 103. ADMINISTRATION.

2 Section 3 of the Act of March 2, 1936 (Chapter 113;

3 49 Stat. 1156), is redesignated as section 2 and is amended

4 by striking the period and inserting ‘‘, and the Act of Au5 gust 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).’’.

6 TITLE II—SHENANDOAH

7 NATIONAL PARK

8 SEC. 201. MODIFICATION OF BOUNDARY.

9 (a) IN GENERAL.—The boundary of Shenandoah Na10 tional Park is hereby modified to include only those lands

11 and interests therein that, on the day before the date of the

12 enactment of this Act, were in Federal ownership and were

13 administered by the Secretary of the Interior (hereinafter

14 in this title referred to as the ‘‘Secretary’’) as part of the

15 park. So much of the Act of May 22, 1926 (Chapter 363;

16 44 Stat. 616) as is inconsistent herewith is hereby repealed.

17 (b) MINOR BOUNDARY ADJUSTMENTS AND LAND AC18 QUISITION.—

19 (1) MINOR BOUNDARY ADJUSTMENTS.—The Sec20 retary is authorized to make minor adjustments to the

21 boundary of Shenandoah National Park, as modified

22 by this title, to make essential improvements to facili23 tate access to trailheads to the park that exist on the

24 day before the date of the enactment of this title, in

25 cases in which there are no practicable alternatives to

26 such adjustments.
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1 (2) LIMITATIONS ON LAND ACQUISITION.—

2 (A) IN GENERAL.—Except as otherwise pro3 vided in this subsection, the Secretary may ac4 quire lands and interests therein under this sub5 section only by donation.

6 (B) ADDITIONAL RESTRICTIONS.—When

7 acting under this subsection—

8 (i) the Secretary may add to the Shen9 andoah National Park only lands and in10 terests therein that are contiguous with Fed11 eral lands administered by the Secretary as

12 part of the park;

13 (ii) prior to accepting title to any

14 lands or interests therein, the Secretary

15 shall hold a public meeting in the county in

16 which such lands and interests are located;

17 (iii) the Secretary shall not alter the

18 primary means of access of any private

19 landowner to the lands owned by such land20 owner; and

21 (iv) the Secretary shall not cause any

22 property owned by a private individual, or

23 any group of adjacent properties owned by

24 private individuals, to be surrounded on all
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1 sides by land administered by the Secretary

2 as part of the park.

3 (c) MITIGATION OF IMPACTS AT ACCESS POINTS.—The

4 Secretary shall take all reasonable actions to mitigate the

5 impacts associated with visitor use at trailheads around the

6 perimeter of Shenandoah National Park. The Secretary

7 shall enlist the cooperation of the State and local jurisdic8 tions, as appropriate, in carrying out this subsection.

9 SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD

10 CORRIDORS.

11 (a) STATEMENT OF PURPOSE.—It is the purpose of

12 this section to permit the Commonwealth of Virginia to

13 maintain and provide for safe public use of certain roads

14 that the Commonwealth donated to the Federal Government

15 at the time of the establishment of Shenandoah National

16 Park.

17 (b) REQUIREMENT OF TRANSFER.—Not later than 180

18 days after the date of the enactment of this Act, the Sec19 retary of the Interior shall transfer to the Commonwealth

20 of Virginia, without consideration or reimbursement, all

21 right, title, and interest of the United States in and to all

22 county road corridors that were located within the Shen23 andoah National Park on the day before the date of the en24 actment of this Act and are removed from such Park by

25 the boundary modification made by section 201.
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1 (c) REVERSION.—Each transfer pursuant to this sec2 tion shall be made subject to the condition that if, at any

3 time, any county road corridor so transferred is no longer

4 used as a public roadway, all right, title, and interest in

5 the county road corridor shall revert to the United States.

6 (d) DEFINITIONS.—For purposes of this section:

7 (1) COUNTY ROAD CORRIDOR.—The term ‘‘coun8 ty road corridor’’ means a corridor that is comprised

9 of any Shenandoah county road together with an

10 amount of land, which is contiguous with the road

11 and which is selected by the Secretary of the Interior

12 in consultation with the Governor of the Common13 wealth of Virginia, such that the total width of the

14 corridor is 50 feet.

15 (2) SHENANDOAH COUNTY ROAD.—The term

16 ‘‘Shenandoah county road’’ means any portion of a

17 road that is open to public vehicle usage and that, on

18 the date of the enactment of this Act, constitutes part

19 of—

20 (A) Madison County Route 600;

21 (B) Rockingham County Route 624;

22 (C) Rockingham County Route 625;

23 (D) Rockingham County Route 626;

24 (E) Warren County Route 604;

25 (F) Page County Route 759;
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1 (G) Page County Route 611;

2 (H) Page County Route 682;

3 (I) Page County Route 662;

4 (J) Augusta County Route 611;

5 (K) Augusta County Route 619;

6 (L) Albemarle County Route 614;

7 (M) Augusta County Route 661;

8 (N) Rockingham County Route 663;

9 (O) Rockingham County Route 659;

10 (P) Page County Route 669;

11 (Q) Rockingham County Route 661;

12 (R) Criser Road (to Town of Front Royal);

13 or

14 (S) the government-owned parcel connecting

15 Criser Road to the Warren County School Board

16 parcel.

17 TITLE III—COLONIAL NATIONAL

18 HISTORICAL PARK

19 SEC. 301. MODIFICATION OF BOUNDARY.

20 Notwithstanding the provisions of the Act of June 28,

21 1938 (52 Stat. 1208; 16 U.S.C. 81b, 81d), limiting the aver22 age width of the Colonial Parkway, the Secretary of the In23 terior (hereinafter in this title referred to as the ‘‘Sec24 retary’’) is authorized to include within the Colonial Na25 tional Historical Park, and to acquire by donation or ex-
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1 change, lands and interests in lands (with or without im2 provements) within the areas depicted on the map dated

3 August 1993, numbered 333/80031A, and entitled ‘‘Page

4 Landing Addition to Colonial National Historical Park’’.

5 Such map shall be on file and available for inspection in

6 the offices of the National Park Service at Colonial National

7 Historical Park and in Washington, District of Columbia.

8 SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND

9 RIGHTS-OF-WAY.

10 (a) IN GENERAL.—The Secretary is authorized to

11 transfer, without reimbursement (except as provided in sub12 section (c)), to York County, Virginia, any portion of the

13 existing sewage disposal system, including related improve14 ments and structures, that is owned by the United States

15 and located within the Colonial National Historical Park,

16 together with such rights-of-way as the Secretary determines

17 to be necessary to maintain and operate such system.

18 (b) REPAIR AND REHABILITATION OF SYSTEM.—The

19 Secretary is authorized to enter into a cooperative agree20 ment with York County, Virginia, under which the Sec21 retary will pay a portion, not to exceed $110,000, of the

22 costs of repair and rehabilitation of the sewage disposal sys23 tem referred to in subsection (a).

24 (c) EFFECT OF AGREEMENT ON CHARGES, IMPACT,

25 AND ALTERATIONS.—In consideration for the rights-of-way
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1 granted under subsection (a), in recognition of the contribu2 tion authorized under subsection (b), and as a condition

3 of the transfer authorized by subsection (a), the cooperative

4 agreement under subsection (b) shall provide for a reduction

5 in, or the elimination of, the amounts charged to the Na6 tional Park Service for its sewage disposal with respect to

7 the Colonial National Historical Park, shall provide for

8 minimizing the impact of the park’s sewage disposal system

9 on the park and its resources, and shall provide that such

10 system may not be enlarged or substantially altered without

11 the concurrence of the director of the National Park Service.

12 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated such sums as

14 may be necessary to carry out this title.

15 TITLE IV—SHENANDOAH VALLEY

16 BATTLEFIELDS

17 SEC. 401. SHORT TITLE.

18 This title may be cited as the ‘‘Shenandoah Valley Bat19 tlefields Partnership Act of 1995’’.

20 SEC. 402. CONGRESSIONAL FINDINGS.

21 The Congress finds that—

22 (1) there are situated in the Shenandoah Valley

23 in the Commonwealth of Virginia the sites of several

24 key Civil War battles;
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1 (2) certain sites, battlefields, structures, and dis2 tricts in the Shenandoah Valley are collectively of na3 tional significance in the history of the Civil War;

4 (3) in 1990, the Congress enacted legislation di5 recting the Secretary of the Interior to prepare a com6 prehensive study of significant sites and structures as7 sociated with Civil War battles in the Shenandoah

8 Valley;

9 (4) the study, which was completed in 1992,

10 found that many of the sites within the Shenandoah

11 Valley possess national significance and retain a high

12 degree of historical integrity;

13 (5) the preservation of Civil War sites within a

14 regional framework requires cooperation among local

15 property owners and Federal, State, and local govern16 ment entities; and

17 (6) partnerships between Federal, State, and

18 local governments, the regional entities of such gov19 ernments, and the private sector offer the most effec20 tive opportunities for the enhancement and manage21 ment of the Civil War battlefields and related sites in

22 the Shenandoah Valley.

23 SEC. 403. STATEMENT OF PURPOSE.

24 The purposes of this title are to—
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1 (1) preserve, conserve, and interpret the legacy of

2 the Civil War in the Shenandoah Valley;

3 (2) recognize and interpret important events and

4 geographic locations representing key Civil War bat5 tles in the Shenandoah Valley, including those battle6 fields associated with the Thomas J. (Stonewall)

7 Jackson campaign of 1862 and the decisive cam8 paigns of 1864;

9 (3) recognize and interpret the effect of the Civil

10 War on the civilian population of the Shenandoah

11 Valley during the war and postwar reconstruction pe12 riod; and

13 (4) create partnerships among Federal, State,

14 and local governments, the regional entities of such

15 governments, and the private sector to preserve, con16 serve, enhance, and interpret the nationally signifi17 cant battlefields and related sites associated with the

18 Civil War in the Shenandoah Valley.

19 SEC. 404. DEFINITIONS.

20 For purposes of this title:

21 (1) BATTLEFIELD.—The term ‘‘battlefield’’

22 means 1 of 15 battlefields in the Shenandoah Valley,

23 as identified in the report.
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1 (2) COMMISSION.—The term ‘‘Commission’’

2 means the Shenandoah Valley Battlefields Commis3 sion established by section 409.

4 (3) HISTORIC CORE.—The term ‘‘historic core’’

5 means the area that is so defined in the report, en6 compasses important components of a battle, and pro7 vides a strategic context and geographic setting for

8 understanding the battle.

9 (4) HISTORIC PARK.—The term ‘‘historic park’’

10 means the Shenandoah Battlefields National Historic

11 Park established under section 405(b).

12 (5) PLAN.—The term ‘‘plan’’ means the Shen13 andoah Valley Battlefields plan approved by the Sec14 retary under section 406.

15 (6) REPORT.—The term ‘‘report’’ means the re16 port prepared by the Secretary pursuant to the Civil

17 War Sites Study Act of 1990 (Public Law 101–628;

18 16 U.S.C. 1a–5 note).

19 (7) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of the Interior.

21 (8) SHENANDOAH VALLEY.—The term ‘‘Shen22 andoah Valley’’ means the Shenandoah Valley in the

23 Commonwealth of Virginia.
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1 SEC. 405. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL

2 HISTORIC PARK.

3 (a) AUTHORIZATION.—To carry out the purposes of

4 this title, there is hereby authorized to be established the

5 Shenandoah Valley Battlefields National Historic Park in

6 the Commonwealth of Virginia. The Secretary shall estab7 lish in the Shenandoah Valley an administrative office and

8 a location to provide information and interpretation with

9 respect to the battlefields.

10 (b) ESTABLISHMENT.—

11 (1) IN GENERAL.—The Shenandoah Valley Bat12 tlefields National Historic Park is hereby established

13 upon publication by the Secretary in the Federal Reg14 ister that—

15 (A) the Secretary has determined that the

16 historic core of one or more of the battlefields is

17 protected adequately to ensure the long-term

18 preservation of the historic core in accordance

19 with the plan; and

20 (B) the Secretary accepts administrative ju21 risdiction of such historic core.

22 (2) CONTENTS OF HISTORIC PARK.—The historic

23 park shall consist of each historic core with respect to

24 which the Secretary publishes a notice under para25 graph (1).
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1 (c) ADMINISTRATION.—The Secretary shall administer

2 the historic park in accordance with this title and with pro3 visions of law generally applicable to the National Park

4 System, including the Act of August 25, 1916 (39 Stat. 535;

5 16 U.S.C. 1, 2, 3, 4) and the Act of August 21, 1935 (49

6 Stat. 666; 16 U.S.C. 461–467). The Secretary shall protect,

7 manage, and administer the historic park for the purposes

8 of preserving and interpreting its natural, cultural, and

9 historic resources and of providing for public understanding

10 and appreciation of the battlefields, in such a manner as

11 to perpetuate these qualities and values for future genera12 tions.

13 (d) LAND ACQUISITION.—If a historic core is included

14 in the historic park—

15 (1) the Secretary may accept title from any pri16 vate entity to any lands or interests therein within

17 the historic core; and

18 (2) the Secretary may acquire from any willing

19 seller lands and interests therein within the boundary

20 of the historic core if the Secretary determines that

21 such acquisition is essential to avoid significant

22 changes to land use which the Secretary determines

23 would have a significant adverse effect on the historic

24 character of the historic core.
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1 (e) LIVING HISTORY DEMONSTRATIONS AND BATTLE2 FIELD ENACTMENTS.—The Secretary shall allow, at any lo3 cation in the historic park, any living history demonstra4 tion or battlefield reenactment that is the same as or sub5 stantially similar to a demonstration or reenactment that

6 occurred at such location at any time during the 12-month

7 period ending on the date of the enactment of this Act. The

8 Secretary may allow, at any location in the historic park,

9 any living history demonstration or battlefield reenactment

10 that is not described in the preceding sentence but that the

11 Secretary determines to be appropriate.

12 SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS PLAN.

13 (a) IN GENERAL.—The historic park shall be managed

14 by the Secretary pursuant to this title and the Shenandoah

15 Valley Battlefields plan developed by the Commission and

16 approved by the Secretary, as provided in this section.

17 (b) SPECIFIC PROVISIONS.—The plan shall include—

18 (1) provisions for the management, protection,

19 and interpretation of the natural, cultural, and his20 torical resources of the battlefields, consistent with the

21 purposes of this title;

22 (2) identification of the historic cores that are

23 appropriate for administration by the Secretary;

24 (3) a determination of the level of protection that

25 is adequate to ensure the long-term preservation of
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1 each of the historic cores that is identified under

2 paragraph (2) and measures recommended to accom3 plish such protection, which may include (but need

4 not be limited to) conservation easements, local zon5 ing, transfer of development rights, or ownership by

6 an entity dedicated to preservation of the historic re7 sources of the battlefields;

8 (4) recommendations to the Commonwealth of

9 Virginia (and political subdivisions thereof) regard10 ing the management, protection, and interpretation of

11 the natural, cultural, and historical resources of the

12 battlefields;

13 (5) the information described in section 12(b) of

14 Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertaining

15 to the preparation of general management plans);

16 (6) identification of appropriate partnerships be17 tween the Secretary, Federal, State, and local govern18 ments and regional entities, and the private sector, in

19 furtherance of the purposes of this title;

20 (7) proposed locations for visitor contact and

21 major interpretive facilities;

22 (8) provisions for implementing a continuing

23 program of interpretation and visitor education con24 cerning the resources and values of the battlefields

25 and historic core areas;
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1 (9) provisions for a uniform valley-wide histori2 cal marker and wayside exhibit program, including a

3 provision for marking, with the consent of the owner,

4 historic structures and properties that are contained

5 within and contribute to the understanding of the

6 battlefields; and

7 (10) recommendations for means of ensuring

8 continued local involvement and participation in the

9 management, protection, and development of the bat10 tlefields.

11 (c) PREPARATION OF DRAFT PLAN.—

12 (1) IN GENERAL.—Not later than 3 years after

13 the date on which the Commission conducts its first

14 meeting, the Commission shall submit to the Sec15 retary a draft plan that meets the requirements of

16 subsection (b).

17 (2) ADDITIONAL REQUIREMENTS.—Prior to sub18 mitting the draft plan to the Secretary, the Commis19 sion shall ensure that—

20 (A) the Commonwealth of Virginia, and

21 any political subdivision thereof that would be

22 affected by the plan, receives a copy of the draft

23 plan;

24 (B) adequate notice of the availability of the

25 draft plan is provided through publication in
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1 appropriate local newspapers in the area of the

2 battlefields; and

3 (C) at least one public hearing in the vicin4 ity of the battlefields in the upper Shenandoah

5 Valley and one public hearing in the vicinity of

6 the battlefields in the lower Shenandoah Valley is

7 conducted by the Commission with respect to the

8 draft plan.

9 (d) REVIEW OF PLAN BY THE SECRETARY.—The Sec10 retary shall review the draft plan submitted under sub11 section (c) and, not later than 90 days after the date on

12 which the draft plan is submitted, shall either—

13 (1) approve the draft plan as the plan; or

14 (2) reject the draft plan and recommend to the

15 Commission modifications that would make the draft

16 plan acceptable.

17 SEC. 407. COOPERATIVE AGREEMENTS.

18 (a) IN GENERAL.—In furtherance of the purposes of

19 this title, the Secretary may establish partnerships and

20 enter into cooperative agreements concerning lands, and in21 terests therein, within the battlefields with other Federal,

22 State, or local agencies and private persons or organiza23 tions.

24 (b) HISTORIC MONUMENTS.—The Secretary may enter

25 into an agreement with the owner of property that is located
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1 in the battlefields and on which an historic monument or

2 tablet commemorating a relevant battle has been erected

3 prior to the date of the enactment of this Act. The Secretary

4 may make funds available for the maintenance, protection,

5 and interpretation of the monument or tablet, as the case

6 may be, pursuant to the agreement.

7 (c) AGREEMENTS AND PARTNERSHIPS NOT DEPEND8 ENT ON INCLUSION IN HISTORIC PARK.—The Secretary

9 may establish a partnership or enter into an agreement

10 under this section with respect to a battlefield regardless

11 of whether or not the historic core area of the battlefield

12 is included in the historic park.

13 SEC. 408. TECHNICAL ASSISTANCE PROGRAM.

14 (a) TECHNICAL ASSISTANCE TO PROPERTY OWN15 ERS.—The Secretary may provide technical assistance to

16 owners of property located within the battlefields to provide

17 for the preservation and interpretation of the natural, cul18 tural, and historical resources within the battlefields.

19 (b) TECHNICAL ASSISTANCE TO GOVERNMENTAL ENTI20 TIES.—The Secretary, after consultation with the Commis21 sion, may award grants and provide technical assistance

22 to governmental entities to assist with the planning, devel23 opment, and implementation of comprehensive plans, land

24 use guidelines, regulations, ordinances, or other appropriate
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1 documents, that are consistent with and designed to protect

2 the historic character of the battlefields.

3 (c) ASSISTANCE NOT DEPENDENT ON INCLUSION IN

4 PARK.—The Secretary may provide assistance under this

5 section with respect to a battlefield or historic core area re6 gardless of whether or not the battlefield or historic core

7 area is included in the Park.

8 SEC. 409. SHENANDOAH VALLEY BATTLEFIELDS COMMIS9 SION.

10 (a) ESTABLISHMENT.—There is hereby established the

11 Shenandoah Valley Battlefields Commission.

12 (b) MEMBERSHIP.—The Commission shall be com13 posed of 19 members, to be appointed by the Secretary as

14 follows:

15 (1) 5 members representing local governments of

16 communities in the vicinity of the battlefields, ap17 pointed after the Secretary considers recommenda18 tions made by appropriate local governing bodies.

19 (2) 10 members representing property owners

20 within the battlefields (1 member within each unit of

21 the battlefields).

22 (3) 1 member with demonstrated expertise in his23 toric preservation.

24 (4) 1 member who is a recognized historian with

25 expertise in Civil War history.
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1 (5) 1 member from a list of recommendations

2 made by the Governor of Virginia.

3 (6) 1 member representing the interests of the

4 National Park Service.

5 (c) APPOINTMENTS.—Members shall be appointed for

6 the life of the Commission.

7 (d) ELECTION OF OFFICERS.—The Commission shall

8 elect one of its members as Chairperson and one as Vice

9 Chairperson. The terms of office of the Chairperson and Vice

10 Chairperson shall be 2 years. The Vice Chairperson shall

11 serve as Chairperson in the absence of the Chairperson.

12 (e) VACANCY.—Any vacancy on the Commission shall

13 be filled in the same manner in which the original appoint14 ment was made, except that the Secretary shall fill any va15 cancy within 30 days after the vacancy occurs.

16 (f) QUORUM.—A majority of the Commission shall

17 constitute a quorum.

18 (g) MEETINGS.—The Commission shall meet at the call

19 of the Chairperson or a majority of the members of the Com20 mission, but not less than quarterly. Notice of Commission

21 meetings and agendas for the meetings shall be published

22 in local newspapers that have a distribution throughout the

23 Shenandoah Valley. Commission meetings shall be held at

24 various locations throughout the Shenandoah Valley and in

25 a manner that ensures adequate public participation.
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1 (h) STAFF OF THE COMMISSION.—The Commission

2 shall have the power to appoint and fix the compensation

3 of such staff as may be necessary to carry out its duties.

4 (i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad5 ministrator of the General Services Administration shall

6 provide to the Commission, on a reimbursable basis, such

7 administrative support services as the Commission may re8 quest.

9 (j) FEDERAL AGENCIES.—Upon request of the Com10 mission, the head of any Federal agency may detail to the

11 Commission, on a reimbursable basis, personnel of the agen12 cy to assist the Commission in carrying out its duties.

13 (k) SUBPOENAS.—The Commission may not issue sub14 poenas or exercise any subpoena authority.

15 (l) EXPENSES.—Members of the Commission shall

16 serve without compensation, but the Secretary may reim17 burse members for expenses reasonably incurred in carrying

18 out the responsibilities of the Commission under this title.

19 (m) MAILS.—The Commission may use the United

20 States mails in the same manner and under the same condi21 tions as other departments and agencies of the United

22 States.

23 (n) GIFTS.—The Commission may, for purposes of

24 carrying out the duties of the Commission, seek, accept, and
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1 dispose of gifts, bequests, or donations of money, personal

2 property, or services, received from any source.

3 (o) TERMINATION.—The Commission shall terminate

4 upon the expiration of the 45-day period beginning on the

5 date on which the Secretary approves the plan under section

6 406(d).

7 SEC. 410. DUTIES OF THE COMMISSION.

8 The Commission shall—

9 (1) develop the plan and draft plan referred to

10 in section 406, in consultation with the Secretary;

11 (2) advise the Secretary with respect to the bat12 tlefields;

13 (3) assist the Commonwealth of Virginia, and

14 any political subdivision thereof, in the management,

15 protection, and interpretation of the natural, cultural,

16 and historical resources within the battlefields, except

17 that the Commission shall in no way infringe upon

18 the authorities and policies of the Commonwealth of

19 Virginia or any political subdivision thereof; and

20 (4) take appropriate action to encourage protec21 tion of the natural, cultural, and historic resources

22 within the battlefields by landowners, local govern23 ments, organizations, and businesses.
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1 SEC. 411. TERMINATION OF INCLUSION IN HISTORIC PARK.

2 (a) IN GENERAL.—A historic core that becomes part

3 of the historic park shall continue to be included in the his4 toric park unless—

5 (1) the Secretary determines that the protection

6 of the historic core no longer meets the requirements

7 of section 405(b)(1)(A); and

8 (2) after making a determination referred to in

9 paragraph (1), the Secretary submits to the Congress

10 notification that the historic core should cease to be

11 included in the historic park.

12 (b) PUBLIC HEARING.—Before the Secretary makes a

13 determination referred to in subsection (a)(1) regarding a

14 historic core, the Secretary or a designee shall hold a public

15 hearing within the vicinity of the historic core.

16 (c) TIME OF TERMINATION OF INCLUSION.—

17 (1) IN GENERAL.—A historic core shall cease to

18 be included in the historic park upon the expiration

19 of 90 legislative days after the Secretary submits to

20 the Congress the notification referred to in subsection

21 (a)(2) regarding the historic core.

22 (2) LEGISLATIVE DAY.—For purposes of this sub23 section, the term ‘‘legislative day’’ means any cal24 endar day on which both Houses of the Congress are

25 in session.
26

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1 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated not more than

3 $5,000,000 for development of the historic park, not more

4 than $2,000,000 for land acquisition pursuant to this title,

5 not more than $500,000 to carry out the purposes of sections

6 407 and 408, and not more than $250,000 for any fiscal

7 year for the operation of the Commission.

8 TITLE V—CUMBERLAND GAP

9 NATIONAL HISTORICAL PARK

10 SEC. 501. ADDITION OF LANDS.

11 (a) AUTHORITY.—Notwithstanding the Act of June 11,

12 1940 (16 U.S.C. 261 et seq.), the Secretary of the Interior

13 is authorized to acquire by donation, purchase with donated

14 or appropriated funds, or exchange not to exceed 10 acres

15 of land or interests in land, which shall consist of those

16 necessary lands for the establishment of trailheads to be lo17 cated at White Rocks and Chadwell Gap.

18 (b) ADMINISTRATION.—Lands and interests in lands

19 acquired pursuant to subsection (a) shall be added to and

20 administered as part of Cumberland Gap National Histori21 cal Park.

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