Calendar No. 613

104TH CONGRESS

2D SESSION H. R. 1091

AN ACT

To improve the National Park System in the

Commonwealth of Virginia.

SEPTEMBER 16, 1996

Reported with an amendment
II

Calendar No. 613

104TH CONGRESS

2D SESSION H. R. 1091

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20 (legislative day, SEPTEMBER 5), 1995

Received; read twice and referred to the Committee on Energy and Natural

Resources

SEPTEMBER 16, 1996

Reported by Mr. MURKOWSKI, with an amendment

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

AN ACT

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,

3 TITLE I—RICHMOND NATIONAL

4 BATTLEFIELD PARK

5 SEC. 101. MODIFICATION OF BOUNDARY.

6 The first section of the Act of March 2, 1936 (Chap7 ter 113; 49 Stat. 1155), is amended to read as follows:

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

9 1862 Peninsula Campaign and the 1864–65 battle of
2

•HR 1091 RS

1 Richmond, in the vicinity of Richmond, Virginia, as a na2 tional battlefield park for the benefit and inspiration of

3 the people of the United States, there is hereby estab4 lished, subject to existing rights, the Richmond National

5 Battlefield Park (hereinafter in this Act referred to as the

6 ‘Park’).

7 ‘‘(b) The Park shall consist of—

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

9 the area generally depicted on the map entitled

10 ‘Richmond National Battlefield Park, Land Status

11 Map’, numbered 367/92,000, and dated September

12 1993; and

13 ‘‘(2) upon donation of title acceptable to the

14 Secretary of the Interior (and acceptance by the Sec15 retary), the following tracts: a tract of 750 acres at

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

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

18 tract of 42 acres at Bethesda Church.

19 ‘‘(c) As soon as practicable, the Secretary of the Inte20 rior shall complete a boundary map (including tracts re21 ferred to in subsection (b)(2)) for the Park. The map re22 quired by this subsection and the map referred to in sub23 section (b)(1) shall be on file and available for public in24 spection in the office of the National Park Service, De25 partment of the Interior.
3

•HR 1091 RS

1 ‘‘(d) The Congress recognizes the national signifi2 cance of the Battle of New Market Heights and declares

3 it to be in the public interest to ensure the preservation

4 of the New Market Heights Battlefield so that an impor5 tant aspect of American history can be interpreted to the

6 public. The Congress directs the Secretary to work coop7 eratively with the Commonwealth of Virginia, the county

8 of Henrico, Virginia, and property owners within or im9 pacted by the battlefield area to develop alternatives to

10 ensure implementation of these goals. The Secretary shall

11 submit a report outlining such alternatives to the Commit12 tee on Resources of the House of Representatives and the

13 Committee on Energy and Natural Resources of the Sen14 ate no later than June 1, 1996.’’.

15 SEC. 102. REPEAL OF PROVISION REGARDING PROPERTY

16 ACQUISITION.

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

18 1155), is amended by striking section 2.

19 SEC. 103. ADMINISTRATION.

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

21 49 Stat. 1156), is redesignated as section 2 and is amend22 ed by striking the period and inserting ‘‘, and the Act of

23 August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).’’.
4

•HR 1091 RS

1 TITLE II—SHENANDOAH

2 NATIONAL PARK

3 SEC. 201. MODIFICATION OF BOUNDARY.

4 (a) IN GENERAL.—The boundary of Shenandoah Na5 tional Park is hereby modified to include only those lands

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

7 the enactment of this Act, were in Federal ownership and

8 were administered by the Secretary of the Interior (herein9 after in this title referred to as the ‘‘Secretary’’) as part

10 of the park. So much of the Act of May 22, 1926 (Chapter

11 363; 44 Stat. 616) as is inconsistent herewith is hereby

12 repealed.

13 (b) MINOR BOUNDARY ADJUSTMENTS AND LAND

14 ACQUISITION.—

15 (1) MINOR BOUNDARY ADJUSTMENTS.—The

16 Secretary is authorized to make minor adjustments

17 to the boundary of Shenandoah National Park, as

18 modified by this title, to make essential improve19 ments to facilitate access to trailheads to the park

20 that exist on the day before the date of the enact21 ment of this title, in cases in which there are no

22 practicable alternatives to such adjustments.

23 (2) LIMITATIONS ON LAND ACQUISITION.—

24 (A) IN GENERAL.—Except as otherwise

25 provided in this subsection, the Secretary may
5

•HR 1091 RS

1 acquire lands and interests therein under this

2 subsection only by donation.

3 (B) ADDITIONAL RESTRICTIONS.—When

4 acting under this subsection—

5 (i) the Secretary may add to the

6 Shenandoah National Park only lands and

7 interests therein that are contiguous with

8 Federal lands administered by the Sec9 retary as part of the park;

10 (ii) prior to accepting title to any

11 lands or interests therein, the Secretary

12 shall hold a public meeting in the county

13 in which such lands and interests are lo14 cated;

15 (iii) the Secretary shall not alter the

16 primary means of access of any private

17 landowner to the lands owned by such

18 landowner; and

19 (iv) the Secretary shall not cause any

20 property owned by a private individual, or

21 any group of adjacent properties owned by

22 private individuals, to be surrounded on all

23 sides by land administered by the Sec24 retary as part of the park.
6

•HR 1091 RS

1 (c) MITIGATION OF IMPACTS AT ACCESS POINTS.—

2 The Secretary shall take all reasonable actions to mitigate

3 the impacts associated with visitor use at trailheads

4 around the perimeter of Shenandoah National Park. The

5 Secretary shall enlist the cooperation of the State and

6 local jurisdictions, as appropriate, in carrying out this sub7 section.

8 SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD

9 CORRIDORS.

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

11 this section to permit the Commonwealth of Virginia to

12 maintain and provide for safe public use of certain roads

13 that the Commonwealth donated to the Federal Govern14 ment at the time of the establishment of Shenandoah Na15 tional Park.

16 (b) REQUIREMENT OF TRANSFER.—Not later than

17 180 days after the date of the enactment of this Act, the

18 Secretary of the Interior shall transfer to the Common19 wealth of Virginia, without consideration or reimburse20 ment, all right, title, and interest of the United States in

21 and to all county road corridors that were located within

22 the Shenandoah National Park on the day before the date

23 of the enactment of this Act and are removed from such

24 Park by the boundary modification made by section 201.
7

•HR 1091 RS

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

8 ‘‘county road corridor’’ means a corridor that is

9 comprised of any Shenandoah county road together

10 with an amount of land, which is contiguous with

11 the road and which is selected by the Secretary of

12 the Interior in consultation with the Governor of the

13 Commonwealth of Virginia, such that the total width

14 of the 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,

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

19 part 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;
8

•HR 1091 RS

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 connect15 ing Criser Road to the Warren County School

16 Board 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

22 average width of the Colonial Parkway, the Secretary of

23 the Interior (hereinafter in this title referred to as the

24 ‘‘Secretary’’) is authorized to include within the Colonial

25 National Historical Park, and to acquire by purchase, do-
9

•HR 1091 RS

1 nation or exchange, lands and interests in lands (with or

2 without improvements) within the areas depicted on the

3 map dated August 1993, numbered 333/80031A, and enti4 tled ‘‘Page Landing Addition to Colonial National Histori5 cal Park’’. Such map shall be on file and available for in6 spection in the offices of the National Park Service at Co7 lonial National Historical Park and in Washington, Dis8 trict of Columbia.

9 SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND

10 RIGHTS-OF-WAY.

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

12 transfer, without reimbursement (except as provided in

13 subsection (c)), to York County, Virginia, any portion of

14 the existing sewage disposal system, including related im15 provements and structures, that is owned by the United

16 States and located within the Colonial National Historical

17 Park, together with such rights-of-way as the Secretary

18 determines to be necessary to maintain and operate such

19 system.

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

21 Secretary is authorized to enter into a cooperative agree22 ment with York County, Virginia, under which the Sec23 retary will pay a portion, not to exceed $110,000, of the

24 costs of repair and rehabilitation of the sewage disposal

25 system referred to in subsection (a).
10

•HR 1091 RS

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

2 AND ALTERATIONS.—In consideration for the rights-of3 way granted under subsection (a), in recognition of the

4 contribution authorized under subsection (b), and as a

5 condition of the transfer authorized by subsection (a), the

6 cooperative agreement under subsection (b) shall provide

7 for a reduction in, or the elimination of, the amounts

8 charged to the National Park Service for its sewage dis9 posal with respect to the Colonial National Historical

10 Park, shall provide for minimizing the impact of the park’s

11 sewage disposal system on the park and its resources, and

12 shall provide that such system may not be enlarged or sub13 stantially altered without the concurrence of the director

14 of the National Park Service.

15 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated $110,000 to

17 carry out section 302 and $830,000, or the current ap18 praised value of the lands and interests in lands referred

19 to in section 301, whichever is lower, to carry out section

20 301.

21 TITLE IV—SHENANDOAH

22 VALLEY BATTLEFIELDS

23 SEC. 401. SHORT TITLE.

24 This title may be cited as the ‘‘Shenandoah Valley

25 Battlefields Partnership Act of 1995’’.
11

•HR 1091 RS

1 SEC. 402. CONGRESSIONAL FINDINGS.

2 The Congress finds that—

3 (1) there are situated in the Shenandoah Valley

4 in the Commonwealth of Virginia the sites of several

5 key Civil War battles;

6 (2) certain sites, battlefields, structures, and

7 districts in the Shenandoah Valley are collectively of

8 national significance in the history of the Civil War;

9 (3) in 1990, the Congress enacted legislation di10 recting the Secretary of the Interior to prepare a

11 comprehensive study of significant sites and struc12 tures associated with Civil War battles in the Shen13 andoah Valley;

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

15 found that many of the sites within the Shenandoah

16 Valley possess national significance and retain a

17 high degree of historical integrity;

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

19 regional framework requires cooperation among local

20 property owners and Federal, State, and local gov21 ernment entities; and

22 (6) partnerships between Federal, State, and

23 local governments, the regional entities of such gov24 ernments, and the private sector offer the most ef25 fective opportunities for the enhancement and man-
12

•HR 1091 RS

1 agement of the Civil War battlefields and related

2 sites in the Shenandoah Valley.

3 SEC. 403. STATEMENT OF PURPOSE.

4 The purposes of this title are to—

5 (1) preserve, conserve, and interpret the legacy

6 of the Civil War in the Shenandoah Valley;

7 (2) recognize and interpret important events

8 and geographic locations representing key Civil War

9 battles in the Shenandoah Valley, including those

10 battlefields associated with the Thomas J. (Stone11 wall) Jackson campaign of 1862 and the decisive

12 campaigns of 1864;

13 (3) recognize and interpret the effect of the

14 Civil War on the civilian population of the Shen15 andoah Valley during the war and postwar recon16 struction period; and

17 (4) create partnerships among Federal, State,

18 and local governments, the regional entities of such

19 governments, and the private sector to preserve, con20 serve, enhance, and interpret the nationally signifi21 cant battlefields and related sites associated with the

22 Civil War in the Shenandoah Valley.

23 SEC. 404. DEFINITIONS.

24 For purposes of this title:
13

•HR 1091 RS

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

2 means 1 of 15 battlefields in the Shenandoah Valley,

3 as identified in the report.

4 (2) COMMISSION.—The term ‘‘Commission’’

5 means the Shenandoah Valley Battlefields Commis6 sion established by section 409.

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

8 means the area that is so defined in the report, en9 compasses important components of a battle, and

10 provides a strategic context and geographic setting

11 for understanding the battle.

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

13 means the Shenandoah Battlefields National His14 toric Park established under section 405(b).

15 (5) PLAN.—The term ‘‘plan’’ means the Shen16 andoah Valley Battlefields plan approved by the Sec17 retary under section 406.

18 (6) REPORT.—The term ‘‘report’’ means the re19 port prepared by the Secretary pursuant to the Civil

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

21 16 U.S.C. 1a–5 note).

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

23 the Secretary of the Interior.
14

•HR 1091 RS

1 (8) SHENANDOAH VALLEY.—The term ‘‘Shen2 andoah Valley’’ means the Shenandoah Valley in the

3 Commonwealth of Virginia.

4 SEC. 405. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL

5 HISTORIC PARK.

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

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

8 Shenandoah Valley Battlefields National Historic Park in

9 the Commonwealth of Virginia. The Secretary shall estab10 lish in the Shenandoah Valley an administrative office and

11 a location to provide information and interpretation with

12 respect to the battlefields.

13 (b) ESTABLISHMENT.—

14 (1) IN GENERAL.—The Shenandoah Valley Bat15 tlefields National Historic Park is hereby established

16 upon publication by the Secretary in the Federal

17 Register that—

18 (A) the Secretary has determined that the

19 historic core of one or more of the battlefields

20 is protected adequately to ensure the long-term

21 preservation of the historic core in accordance

22 with the plan; and

23 (B) the Secretary accepts administrative

24 jurisdiction of such historic core.
15

•HR 1091 RS

1 (2) CONTENTS OF HISTORIC PARK.—The his2 toric park shall consist of each historic core with re3 spect to which the Secretary publishes a notice

4 under paragraph (1).

5 (c) ADMINISTRATION.—The Secretary shall admin6 ister the historic park in accordance with this title and

7 with provisions of law generally applicable to the National

8 Park System, including the Act of August 25, 1916 (39

9 Stat. 535; 16 U.S.C. 1, 2, 3, 4) and the Act of August

10 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467). The Sec11 retary shall protect, manage, and administer the historic

12 park for the purposes of preserving and interpreting its

13 natural, cultural, and historic resources and of providing

14 for public understanding and appreciation of the battle15 fields, in such a manner as to perpetuate these qualities

16 and values for future generations.

17 (d) LAND ACQUISITION.—If a historic core is in18 cluded in the historic park—

19 (1) the Secretary may accept title from any pri20 vate entity to any lands or interests therein within

21 the historic core; and

22 (2) the Secretary may acquire from any willing

23 seller lands and interests therein within the bound24 ary of the historic core if the Secretary determines

25 that such acquisition is essential to avoid significant
16

•HR 1091 RS

1 changes to land use which the Secretary determines

2 would have a significant adverse effect on the his3 toric character of the historic core.

4 (e) LIVING HISTORY DEMONSTRATIONS AND BAT5 TLEFIELD ENACTMENTS.—The Secretary shall allow, at

6 any location in the historic park, any living history dem7 onstration or battlefield reenactment that is the same as

8 or substantially similar to a demonstration or reenactment

9 that occurred at such location at any time during the 12-

10 month period ending on the date of the enactment of this

11 Act. The Secretary may allow, at any location in the his12 toric park, any living history demonstration or battlefield

13 reenactment that is not described in the preceding sen14 tence but that the Secretary determines to be appropriate.

15 SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS PLAN.

16 (a) IN GENERAL.—The historic park shall be man17 aged by the Secretary pursuant to this title and the Shen18 andoah Valley Battlefields plan developed by the Commis19 sion and approved by the Secretary, as provided in this

20 section.

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

22 (1) provisions for the management, protection,

23 and interpretation of the natural, cultural, and his24 torical resources of the battlefields, consistent with

25 the purposes of this title;
17

•HR 1091 RS

1 (2) identification of the historic cores that are

2 appropriate for administration by the Secretary;

3 (3) a determination of the level of protection

4 that is adequate to ensure the long-term preserva5 tion of each of the historic cores that is identified

6 under paragraph (2) and measures recommended to

7 accomplish such protection, which may include (but

8 need not be limited to) conservation easements, local

9 zoning, transfer of development rights, or ownership

10 by an entity dedicated to preservation of the historic

11 resources of the battlefields;

12 (4) recommendations to the Commonwealth of

13 Virginia (and political subdivisions thereof) regard14 ing the management, protection, and interpretation

15 of the natural, cultural, and historical resources of

16 the battlefields;

17 (5) the information described in section 12(b)

18 of Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertain19 ing to the preparation of general management

20 plans);

21 (6) identification of appropriate partnerships

22 between the Secretary, Federal, State, and local gov23 ernments and regional entities, and the private sec24 tor, in furtherance of the purposes of this title;
18

•HR 1091 RS

1 (7) proposed locations for visitor contact and

2 major interpretive facilities;

3 (8) provisions for implementing a continuing

4 program of interpretation and visitor education con5 cerning the resources and values of the battlefields

6 and historic core areas;

7 (9) provisions for a uniform valley-wide histori8 cal marker and wayside exhibit program, including a

9 provision for marking, with the consent of the

10 owner, historic structures and properties that are

11 contained within and contribute to the understand12 ing of the battlefields; and

13 (10) recommendations for means of ensuring

14 continued local involvement and participation in the

15 management, protection, and development of the

16 battlefields.

17 (c) PREPARATION OF DRAFT PLAN.—

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

19 the date on which the Commission conducts its first

20 meeting, the Commission shall submit to the Sec21 retary a draft plan that meets the requirements of

22 subsection (b).

23 (2) ADDITIONAL REQUIREMENTS.—Prior to

24 submitting the draft plan to the Secretary, the Com25 mission shall ensure that—
19

•HR 1091 RS

1 (A) the Commonwealth of Virginia, and

2 any political subdivision thereof that would be

3 affected by the plan, receives a copy of the

4 draft plan;

5 (B) adequate notice of the availability of

6 the draft plan is provided through publication

7 in appropriate local newspapers in the area of

8 the battlefields; and

9 (C) at least one public hearing in the vicin10 ity of the battlefields in the upper Shenandoah

11 Valley and one public hearing in the vicinity of

12 the battlefields in the lower Shenandoah Valley

13 is conducted by the Commission with respect to

14 the draft plan.

15 (d) REVIEW OF PLAN BY THE SECRETARY.—The

16 Secretary shall review the draft plan submitted under sub17 section (c) and, not later than 90 days after the date on

18 which the draft plan is submitted, shall either—

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

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

21 Commission modifications that would make the draft

22 plan acceptable.

23 SEC. 407. COOPERATIVE AGREEMENTS.

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

25 this title, the Secretary may establish partnerships and
20

•HR 1091 RS

1 enter into cooperative agreements concerning lands, and

2 interests therein, within the battlefields with other Fed3 eral, State, or local agencies and private persons or organi4 zations.

5 (b) HISTORIC MONUMENTS.—The Secretary may

6 enter into an agreement with the owner of property that

7 is located in the battlefields and on which an historic

8 monument or tablet commemorating a relevant battle has

9 been erected prior to the date of the enactment of this

10 Act. The Secretary may make funds available for the

11 maintenance, protection, and interpretation of the monu12 ment or tablet, as the case may be, pursuant to the agree13 ment.

14 (c) AGREEMENTS AND PARTNERSHIPS NOT DEPEND15 ENT ON INCLUSION IN HISTORIC PARK.—The Secretary

16 may establish a partnership or enter into an agreement

17 under this section with respect to a battlefield regardless

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

19 is included in the historic park.

20 SEC. 408. TECHNICAL ASSISTANCE PROGRAM.

21 (a) TECHNICAL ASSISTANCE TO PROPERTY OWN22 ERS.—The Secretary may provide technical assistance to

23 owners of property located within the battlefields to pro24 vide for the preservation and interpretation of the natural,

25 cultural, and historical resources within the battlefields.
21

•HR 1091 RS

1 (b) TECHNICAL ASSISTANCE TO GOVERNMENTAL

2 ENTITIES.—The Secretary, after consultation with the

3 Commission, may award grants and provide technical as4 sistance to governmental entities to assist with the plan5 ning, development, and implementation of comprehensive

6 plans, land use guidelines, regulations, ordinances, or

7 other appropriate documents, that are consistent with and

8 designed to protect the historic character of the battle9 fields.

10 (c) ASSISTANCE NOT DEPENDENT ON INCLUSION IN

11 PARK.—The Secretary may provide assistance under this

12 section with respect to a battlefield or historic core area

13 regardless of whether or not the battlefield or historic core

14 area is included in the Park.

15 SEC. 409. SHENANDOAH VALLEY BATTLEFIELDS COMMIS16 SION.

17 (a) ESTABLISHMENT.—There is hereby established

18 the Shenandoah Valley Battlefields Commission.

19 (b) MEMBERSHIP.—The Commission shall be com20 posed of 19 members, to be appointed by the Secretary

21 as follows:

22 (1) 5 members representing local governments

23 of communities in the vicinity of the battlefields, ap24 pointed after the Secretary considers recommenda25 tions made by appropriate local governing bodies.
22

•HR 1091 RS

1 (2) 10 members representing property owners

2 within the battlefields (1 member within each unit of

3 the battlefields).

4 (3) 1 member with demonstrated expertise in

5 historic preservation.

6 (4) 1 member who is a recognized historian

7 with expertise in Civil War history.

8 (5) 1 member from a list of recommendations

9 made by the Governor of Virginia.

10 (6) 1 member representing the interests of the

11 National Park Service.

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

13 the life of the Commission.

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

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

16 Chairperson. The terms of office of the Chairperson and

17 Vice Chairperson shall be 2 years. The Vice Chairperson

18 shall serve as Chairperson in the absence of the Chair19 person.

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

21 be filled in the same manner in which the original appoint22 ment was made, except that the Secretary shall fill any

23 vacancy within 30 days after the vacancy occurs.

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

25 constitute a quorum.
23

•HR 1091 RS

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

2 call of the Chairperson or a majority of the members of

3 the Commission, but not less than quarterly. Notice of

4 Commission meetings and agendas for the meetings shall

5 be published in local newspapers that have a distribution

6 throughout the Shenandoah Valley. Commission meetings

7 shall be held at various locations throughout the Shen8 andoah Valley and in a manner that ensures adequate

9 public participation.

10 (h) STAFF OF THE COMMISSION.—The Commission

11 shall have the power to appoint and fix the compensation

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

13 (i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad14 ministrator of the General Services Administration shall

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

16 administrative support services as the Commission may re17 quest.

18 (j) FEDERAL AGENCIES.—Upon request of the Com19 mission, the head of any Federal agency may detail to the

20 Commission, on a reimbursable basis, personnel of the

21 agency to assist the Commission in carrying out its duties.

22 (k) SUBPOENAS.—The Commission may not issue

23 subpoenas or exercise any subpoena authority.

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

25 serve without compensation, but the Secretary may reim-
24

•HR 1091 RS

1 burse members for expenses reasonably incurred in carry2 ing out the responsibilities of the Commission under this

3 title.

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

5 States mails in the same manner and under the same con6 ditions as other departments and agencies of the United

7 States.

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

9 carrying out the duties of the Commission, seek, accept,

10 and dispose of gifts, bequests, or donations of money, per11 sonal property, or services, received from any source.

12 (o) TERMINATION.—The Commission shall terminate

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

14 date on which the Secretary approves the plan under sec15 tion 406(d).

16 SEC. 410. DUTIES OF THE COMMISSION.

17 The Commission shall—

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

19 in section 406, in consultation with the Secretary;

20 (2) advise the Secretary with respect to the bat21 tlefields;

22 (3) assist the Commonwealth of Virginia, and

23 any political subdivision thereof, in the management,

24 protection, and interpretation of the natural, cul25 tural, and historical resources within the battlefields,
25

•HR 1091 RS

1 except that the Commission shall in no way infringe

2 upon the authorities and policies of the Common3 wealth of Virginia or any political subdivision there4 of; and

5 (4) take appropriate action to encourage protec6 tion of the natural, cultural, and historic resources

7 within the battlefields by landowners, local govern8 ments, organizations, and businesses.

9 SEC. 411. TERMINATION OF INCLUSION IN HISTORIC PARK.

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

11 of the historic park shall continue to be included in the

12 historic park unless—

13 (1) the Secretary determines that the protection

14 of the historic core no longer meets the requirements

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

16 (2) after making a determination referred to in

17 paragraph (1), the Secretary submits to the Con18 gress notification that the historic core should cease

19 to be included in the historic park.

20 (b) PUBLIC HEARING.—Before the Secretary makes

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

22 a historic core, the Secretary or a designee shall hold a

23 public hearing within the vicinity of the historic core.

24 (c) TIME OF TERMINATION OF INCLUSION.—
26

•HR 1091 RS

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

2 be included in the historic park upon the expiration

3 of 90 legislative days after the Secretary submits to

4 the Congress the notification referred to in sub5 section (a)(2) regarding the historic core.

6 (2) LEGISLATIVE DAY.—For purposes of this

7 subsection, the term ‘‘legislative day’’ means any

8 calendar day on which both Houses of the Congress

9 are in session.

10 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated not more

12 than $5,000,000 for development of the historic park, not

13 more than $2,000,000 for land acquisition pursuant to

14 this title, not more than $500,000 to carry out the pur15 poses of sections 407 and 408, and not more than

16 $250,000 for any fiscal year for the operation of the Com17 mission.

18 TITLE V—CUMBERLAND GAP

19 NATIONAL HISTORICAL PARK

20 SEC. 501. ADDITION OF LANDS.

21 (a) AUTHORITY.—Notwithstanding the Act of June

22 11, 1940 (16 U.S.C. 261 et seq.), the Secretary of the

23 Interior is authorized to acquire by donation, purchase

24 with donated or appropriated funds, or exchange not to

25 exceed 10 acres of land or interests in land, which shall
27

•HR 1091 RS

1 consist of those necessary lands for the establishment of

2 trailheads to be located at White Rocks and Chadwell Gap.

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

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

5 administered as part of Cumberland Gap National Histor6 ical Park.

7 TITLE I—RICHMOND NATIONAL

8 BATTLEFIELD PARK

9 SEC. 101. FINDINGS AND PURPOSE.

10 ‘‘(a) FINDINGS.—The Congress finds that—

11 ‘‘(1) in 1936 the Congress established the Rich12 mond National Battlefield Park in and around the

13 City of Richmond, Virginia. The park’s boundary was

14 established to permit the inclusion of all military bat15 tlefield areas related to the battles fought during the

16 Civil War in defense of and against the City of Rich17 mond. The park originally included the area then

18 known as the Richmond Battlefield State Park;

19 ‘‘(2) the total acreage of the area identified in

20 1936 for consideration for inclusion in the Richmond

21 National Battlefield Park encompasses approximately

22 225,000 acres in and around the City of Richmond,

23 Virginia. A study undertaken by the Congressionally

24 authorized Civil War Sites Advisory Commission de25 termined that within those 225,000 acres, the histori-
28

•HR 1091 RS

1 cally significant areas in and around Richmond re2 lating to the campaigns against and in defense of

3 Richmond encompass approximately 38,000 acres.

4 The National Park Service, through its general man5 agement planning process for Richmond National

6 Battlefield Park, has identified approximately 7,121

7 acres which satisfy the National Park Service criteria

8 of significance, integrity, feasibility, and suitability

9 for inclusion in Richmond National Battlefield Park.

10 ‘‘(3) there is national interest in protecting and

11 preserving sites of historic significance associated

12 with the Civil War and Richmond; and

13 ‘‘(4) the Commonwealth of Virginia and its local

14 units of government have authority to prevent or

15 minimize adverse use of these historic resources and

16 can play a significant role in the protection of the

17 historic resources related to the battles of Richmond.

18 ‘‘(b) PURPOSES.—Therefore, it is the purpose of this

19 title:

20 ‘‘(1) to establish a revised boundary for the Rich21 mond National Battlefield Park based on the findings

22 of the Civil War Sites Advisory Commission and the

23 National Park Service; and

24 ‘‘(2) direct the Secretary of the Interior to work

25 in cooperation with the Commonwealth of Virginia,
29

•HR 1091 RS

1 the City of Richmond and other political subdivisions

2 of the Commonwealth, other public entities, and the

3 private sector in the management, protection, and in4 terpretation of the resources associated with the Civil

5 War and the Battles of Richmond in and around the

6 City of Richmond, Virginia’’.

7 SEC. 102. MODIFICATION OF BOUNDARY.

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

9 49 Stat. 1155), is amended to read as follows:

10 ‘‘SEC. 2. BOUNDARY.—The boundary of the Richmond

11 National Battlefield Park (hereinafter in this Act referred

12 to as the ‘park’) shall hereinafter comprise the lands, waters

13 and interests in lands therein, comprising approximately

14 7,121 acres, within the boundary generally depicted as

15 ‘‘Park Boundary’’ on the map entitled ‘‘Richmond National

16 Battlefield Park Boundary Map’’, numbered 367–NEFA

17 80026 and dated August, 1996, which shall be on file and

18 available for public inspection in the Office of the Director

19 of the National Park Service, Department of the Interior.’’.

20 SEC. 103. LAND ACQUISITION.

21 The Act of March 7, 1936 (Chapter 113; 49 Stat.

22 1155), is amended by adding a new section 4 as follows:

23 ‘‘SECTION 4. LAND ACQUISITION.—The Secretary is

24 authorized to acquire lands and interests in lands within

25 the park’s boundary as depicted on the map identified in
30

•HR 1091 RS

1 Section 2 by donation, purchase with donated or appro2 priated funds, exchange, or otherwise. Privately owned

3 lands or the interests therein may be acquired only with

4 the consent of the property owner. In acquiring lands and

5 interests in lands under this Act, the Secretary shall acquire

6 the minimum Federal interests necessary to achieve the ob7 jectives of the park.’’.

8 SEC. 104. PARK MANAGEMENT AND ADMINISTRATION.

9 The Act of March 7, 1936 (Chapter 113; 49 Stat.

10 1155), is amended by adding a new section 5 as follows:

11 ‘‘SECTION 5. PARK MANAGEMENT AND ADMINISTRATION.

12 ‘‘(a) In administering the park, the Secretary shall in13 terpret, for the benefit of visitors to the park and the general

14 public, the Battles of Richmond in the larger context of the

15 Civil War and American history, including the causes and

16 consequences of the Civil War and the effects of the war on

17 all the American people.

18 ‘‘(b) The Secretary is directed to work with the Com19 monwealth of Virginia, its political subdivisions, including

20 the City of Richmond, private property owners, and the pri21 vate sector to develop mechanisms to protect and interpret

22 the resources identified within the boundary as depicted on

23 the map identified in Section 2 of this title. In order to

24 carry out this section the Secretary is authorized to enter

25 into cooperative agreements with the public and private sec-
31

•HR 1091 RS

1 tors to carry out the purposes of this title, and to find

2 means of protecting and interpreting the historic resources

3 for the benefit of present and future generations in a man4 ner that would allow for continued private ownership and

5 use where compatible with the purposes of the park. The

6 Secretary is also authorized to provide technical assistance

7 to governmental entities, nonprofit organizations and pri8 vate property owners in the development of comprehensive

9 plans, land use guidelines, and other activities which are

10 consistent with conserving the historic, cultural, natural,

11 and scenic resources found within the park boundary.

12 SEC. 105.

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

14 49 Stat. 1156) is amended by striking the period and in15 serting ‘‘, and the Act of August 21, 1935 (49 Stat. 666;

16 16 U.S.C. 461–467).’’.

17 TITLE II—SHENANDOAH

18 NATIONAL PARK

19 SEC. 201. MODIFICATION OF BOUNDARY.

20 (a) IN GENERAL.—The boundary of Shenandoah Na21 tional Park is modified to include only those lands and in22 terests in lands that, on the day before enactment of this

23 title, were in Federal ownership and were administered by

24 the Secretary of the Interior (hereinafter in this title re25 ferred to as the ‘‘Secretary’’) as part of the park. So much
32

•HR 1091 RS

1 of the Act of May 22, 1926 (Chapter 363; 44 Stat. 616)

2 as is inconsistent with this title is hereby repealed.

3 (b) BOUNDARY ADJUSTMENTS AND LAND ACQUISI4 TION.—

5 (1) MINOR BOUNDARY ADJUSTMENTS.—

6 (A) IN GENERAL.—The Secretary may make

7 minor boundary adjustments to the boundary of

8 Shenandoah National Park; as modified by this

9 title to allow the acceptance of a donation of ad10 jacent land.

11 (B) RELATED LANDS STUDY.—If an appli12 cable Related Lands Study has been completed

13 on the date of an adjustment under subpara14 graph (A), the Secretary shall follow the rec15 ommendations of the Related Lands Study to en16 sure access to trailheads and other areas that

17 will resolve conflicts with adjacent property own18 ers.

19 (2) LIMITATIONS OF LAND ACQUISITION.—

20 (A) IN GENERAL.—Except as otherwise pro21 vided in this section, the Secretary may acquire

22 lands and interests therein under this section

23 only—

24 (i) by donation, purchase with donated

25 funds, or exchange; and
33

•HR 1091 RS

1 (ii) with the consent of the owner.

2 (B) ADDITIONAL RESTRICTIONS.—When

3 acting under this section—

4 (i) the Secretary may add to the Shen5 andoah National Park only lands and in6 terests therein that are contiguous with Fed7 eral lands administered by the Secretary as

8 part of the park;

9 (ii) prior to accepting title to any

10 lands or interests therein, the Secretary

11 shall hold a public meeting in the county in

12 which such lands and interests are located;

13 (iii) the Secretary shall not alter the

14 primary means of access of any private

15 landowner to the lands owned by such land16 owner without the consent of the landowner;

17 and

18 (iv) the Secretary shall not cause any

19 property owned by a private individual, or

20 any group of adjacent properties owned by

21 private individuals, to be surrounded on all

22 sides by land administered by the Secretary

23 as part of the park without the consent of

24 the landowner thereof.
34

•HR 1091 RS

1 (C) PUBLIC LAND.—Land or an interest in

2 land located within the boundaries of a park

3 owned by the Commonwealth of Virginia or a

4 political subdivision of the Commonwealth of

5 Virginia may be acquired by the Secretary under

6 this title only by donation or exchange.

7 (D) NO CONDEMNATION.—Under this title,

8 the Secretary may not accept a donation of land

9 or an interest in land that was acquired through

10 condemnation.

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

12 Secretary shall take all reasonable actions to mitigate the

13 impacts associated with visitor use at trailheads and other

14 visitor access points around the perimeter of Shenandoah

15 National Park. The Secretary shall enlist the cooperation

16 of the State and local jurisdictions, as appropriate, in car17 rying out this title.

18 TITLE III—SHENANDOAH VAL19 LEY NATIONAL BATTLE20 FIELDS

21 SEC. 301. CONGRESSIONAL FINDINGS.

22 The Congress finds that—

23 (1) there are situated in the Shenandoah Valley

24 in the Commonwealth of Virginia the sites of several

25 key Civil War battles;
35

•HR 1091 RS

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 and interpretation of these

14 sites will make a vital contribution to the understand15 ing of the heritage of the United States;

16 (6) the preservation of Civil War sites within a

17 regional framework requires cooperation among local

18 property owners and Federal, State, and local govern19 ment entities; and

20 (7) partnerships between Federal, State, and

21 local governments, the regional entities of such gov22 ernments, and the privates sector offer the most effec23 tive opportunities for the enhancement and manage24 ment of Civil War battlefields and related sites in the

25 Shenandoah Valley.
36

•HR 1091 RS

1 SEC. 302. STATEMENT OF PURPOSE.

2 The purposes of this title are to—

3 (1) preserve, conserve, and interpret the legacy of

4 the Civil War in the Shenandoah Valley;

5 (2) recognize and interpret important events and

6 geographic locations representing key Civil War bat7 tles in the Shenandoah Valley, including those battle8 fields associated with the Thomas J. (Stonewall)

9 Jackson campaign of 1862 and the decisive cam10 paigns of 1864;

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

12 War on the civilian population of the Shenandoah

13 Valley during the war and postwar reconstruction pe14 riod; and

15 (4) create partnership among Federal, State, and

16 local governments, the regional entities of such gov17 ernments, and the private sector to preserve, conserve,

18 enhance, and interpret the nationally significant bat19 tlefields and related sites associated with the Civil

20 War in the Shenandoah Valley.

21 SEC. 303. DEFINITIONS.

22 As used in this title:

23 (1) The term ‘‘battlefields’’ means the Shen24 andoah Valley National Battlefields established by

25 section 304.
37

•HR 1091 RS

1 (2) The term ‘‘Commission’’ means the Shen2 andoah Valley National Battlefields Commission es3 tablished by section 308.

4 (3) The term ‘‘historic core’’ means the area that

5 surrounds each unit of the battlefields, is depicted on

6 the map referred to in section 304(a), encompasses

7 important components of a conflict, and provides a

8 strategic context and geographic setting for under9 standing the conflict.

10 (4) The term ‘‘plan’’ means the Shenandoah Val11 ley National Battlefields plan approved by the Sec12 retary under section 305.

13 (5) The term ‘‘Secretary’’ means the Secretary of

14 the Interior.

15 (6) The term ‘‘Shenandoah Valley’’ means the

16 Shenandoah Valley in the Commonwealth of Virginia.

17 SEC. 304. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

18 (a) ESTABLISHMENT.—(1) To carry out the purposes

19 of this title, there is hereby established the Shenandoah Val20 ley National Battlefields in the Commonwealth of Virginia.

21 The battlefields consist of approximately 1,863 acres of

22 lands and interests therein as generally depicted on the map

23 entitled ‘‘Shenandoah Valley National Battlefields’’, num24 bered SHVA/80,000, and dated April, 1994, comprising

25 units at Cedar Creek, Cross Keys, Fisher’s Hill, McDowell,
38

•HR 1091 RS

1 New Market, Opequan, Port Republic, Second Kernstown,

2 Second Winchester, and Tom’s Brook.

3 (2) The map referred to in paragraph (1) shall be on

4 file and available for public inspection in the offices of the

5 Commission and in the appropriate offices of the National

6 Park Service.

7 (3) The Secretary may, with the advice of the Commis8 sion and following and opportunity for public comment,

9 make minor revisions to the boundaries of the battlefields.

10 (4) ADMINISTRATION.—The Secretary shall administer

11 the battlefields in accordance with this title and with provi12 sions of law generally applicable to the National Park Sys13 tem, including the Act of August 25, 1916 (39 Stat. 535;

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

15 666; U.S.C. 461–467). The Secretary shall protect, manage,

16 and administer the battlefields for the purposes of preserv17 ing and interpreting their national, cultural, and historic

18 resources and for providing public understanding and ap19 preciation of the battlefields, in such a manner as to perpet20 uate these qualities and values for future generations.

21 (b) LAND ACQUISITION.—(1) Except as otherwise pro22 vided in this subsection, the Secretary is authorized to ac23 quire lands and interests therein within the boundaries of

24 the battlefields by donation, purchase with donated or ap25 propriated funds, or exchange, except that no lands or inter-
39

•HR 1091 RS

1 ests therein may be acquired under this title except with

2 the consent of the owner thereof.

3 (2) Lands or interests therein that are located within

4 the battlefields or a historic core area and are owned by

5 the Commonwealth of Virginia, or a political subdivision

6 thereof, may be acquired by the Secretary under this title

7 only by donation or exchange.

8 (3) The Secretary may not accept, under this title, do9 nations of lands or interests therein acquired through con10 demnation.

11 (c) LIVING HISTORY DEMONSTRATIONS AND BATTLE12 FIELD REENACTMENTS.—The Secretary shall allow, at any

13 location in the battlefields, any living history demonstra14 tion or battlefield reenactment that is the same as or sub15 stantially similar to a demonstration or reenactment that

16 occurred at such location at any time during the 12 month

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

18 Secretary may allow, at any location in the battlefields,

19 any living history demonstration or battlefield reenactment

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

21 Secretary determines to be appropriate.

22 SEC. 305. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

23 PLAN.

24 (a) IN GENERAL.—The battlefields shall be managed

25 by the Secretary pursuant to this title and the Shenandoah
40

•HR 1091 RS

1 Valley National Battlefields plan developed by the Commis2 sion and approved by the Secretary, as provided in this

3 section.

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

5 (1) recommendations of potential boundary

6 modifications to the battlefields, including modifica7 tions to the boundaries of the historic core of each

8 unit, and the potential addition of new units to the

9 battlefields;

10 (2) provisions for the management, protection,

11 and interpretation of the natural, cultural, and his12 torical resources of the battlefields, consistent with the

13 purposes of this title;

14 (3) recommendations to the Commonwealth of

15 Virginia (and political subdivisions thereof) for the

16 management, protection, and interpretation of the

17 natural, cultural, and historical resources of the his18 toric core areas;

19 (4) the information described in section 12(b) of

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

21 to the preparation of general management plans);

22 (5) identification of appropriate partnerships be23 tween the Secretary, Federal, State, and local govern24 ments and regional entities, and the private sector, in

25 furtherance of the purposes of this title;
41

•HR 1091 RS

1 (6) proposed locations for visitor contact and

2 major interpretive facilities, including proposals for

3 one interpretive facility in the upper Shenandoah

4 Valley and one in the lower Shenandoah Valley;

5 (7) provisions for implementing a continuing

6 program of interpretation and visitor education con7 cerning the resources and values of the battlefields

8 and historic core areas;

9 (8) provisions for a uniform valley-wide histori10 cal marker and wayside exhibit program, including a

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

12 historic structures and properties that are contained

13 within the historic core areas and contribute to the

14 understanding of the battlefields; and

15 (9) recommendations for means of ensuring con16 tinued local involvement and participation in the

17 management, protection, and development of the bat18 tlefields.

19 (c) PREPARATION OF DRAFT PLAN.—(1) Not later

20 than 3 years after the date on which the Commission con21 ducts it first meeting, the Commission shall submit to the

22 Secretary a draft plan that meets the requirements of sub23 section (b).

24 (2) Prior to submitting the draft plan to the Secretary,

25 the Commission shall ensure that—
42

•HR 1091 RS

1 (A) the Commonwealth of Virginia, and any po2 litical subdivision thereof that would be affected by

3 the plan, receives a copy of the draft plan;

4 (B) adequate notice of the availability of the

5 draft plan is provided through publication in appro6 priate local newspapers in the area of the battlefields;

7 and

8 (C) at least one public hearing in the vicinity of

9 the battlefields in the upper Shenandoah Valley and

10 one public hearing in the vicinity of the battlefields

11 in the lower Shenandoah Valley is conducted by the

12 Commission with respect to the draft plan.

13 (d) REVIEW OF PLAN BY THE SECRETARY.—The Sec14 retary shall review the draft plan submitted under sub15 section (c) and, not later than 90 days after the date on

16 which the draft plan is submitted, shall either—

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

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

19 Commission modifications that would make the draft

20 plan acceptable.

21 SEC. 306. COOPERATIVE AGREEMENTS.

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

23 this title, the Secretary may establish partnerships and

24 enter into cooperative agreements concerning lands, and in25 terests therein, within the battlefields and historic core
43

•HR 1091 RS

1 areas with other Federal, State, or local agencies, and pri2 vate persons and organizations.

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

4 into an agreement with the owner of property that is located

5 in the battlefields, or in a historic core area, and on which

6 a historic monument or tablet commemorating a relevant

7 battle has been erected prior to the date of the enactment

8 of this Title. The Secretary may make funds available for

9 the maintenance, protection, and interpretation of the

10 monument or tablet, as the case may be, pursuant to the

11 agreement.

12 SEC. 307. GRANT PROGRAM.

13 (a) IN GENERAL.—The Secretary may award grants

14 and provide technical assistance, to owners of property lo15 cated within the battlefields and historic core areas, to pro16 vide for the preservation and interpretation of the natural,

17 cultural, and historical resources within the battlefields and

18 historic core areas.

19 (1) The Secretary, after consultation with the

20 Commission, may award grants and provide tech21 nical assistance to governmental entities to assist

22 with the planning, development, and implementation

23 of comprehensive plans, land use guidelines, regula24 tions, ordinances, or other appropriate documents,

25 that are consistent with and designed to protect the
44

•HR 1091 RS

1 historic character of the battlefields and historic core

2 areas.

3 (2) The Commission shall conduct a regular re4 view of plans, guidelines, regulations, ordinances, and

5 documents with respect to which the Secretary has

6 awarded a grant under this paragraph. If the Com7 mission finds that any such plan, guideline, regula8 tion, ordinance, or document, or the implementation

9 thereof, is no longer consistent with the protection of

10 the historic character of the battlefields and historic

11 core areas the Commission may recommend, after

12 consultation with the affected governmental entity,

13 that the Secretary suspend any grant awarded pursu14 ant to this paragraph with respect to the plan, guide15 line, regulation, ordinance, or document.

16 (3) The Secretary, after consultation with the

17 Commission, shall suspend any grant awarded under

18 this paragraph if the Secretary has determined that

19 the plan, guideline, regulation, ordinance, or docu20 ment with respect to which the grant is awarded is

21 modified in a manner that is inconsistent with the

22 protection of the historic character of the battlefields

23 and historic core areas.

24 (b) COST SHARE.—The Federal share of any grant

25 made under this section may not exceed the amount of non-
45

•HR 1091 RS

1 Federal funds provided for the preservation, interpretation,

2 planning, development, or implementation with respect to

3 which the grant is awarded.

4 (c) ADDITIONAL CONDITIONS.—The Secretary may re5 quire such additional terms and conditions before awarding

6 any grant under this section as the Secretary determines

7 to be necessary.

8 SEC. 308. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

9 COMMISSION.

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

11 Shenandoah Valley National 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 or historic core areas (1 mem21 ber within each unit of 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.
46

•HR 1091 RS

1 (5) The Governor of Virginia, or a designee of

2 the Governor, ex officio.

3 (6) The Director of the National Park Service, or

4 a designee of the Director, ex officio.

5 (c) APPOINTMENTS.—Members of the Commission shall

6 be appointed for staggered terms of 3 years, as designated

7 by the Secretary at the time of the initial appointment. Any

8 member of the Commission appointed for a definite term

9 may serve after the expiration of the term until the succes10 sor of the member is appointed.

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

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

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

14 Chairperson shall be 2 years. The Vice Chairperson shall

15 serve as Chairperson in the absence of the Chairperson.

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

17 be filed in the same manner in which the original appoint18 ment divas made, except that the Secretary shall fill any

19 vacancy within 30 days after the vacancy occurs.

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

21 constitute a quorum.

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

23 of the Chairperson or a majority of the members of the Com24 mission, but not less than quarterly. Notice of Commission

25 meetings and agendas for the meetings shall be published
47

•HR 1091 RS

1 in local newspapers that have a distribution throughout the

2 Shenandoah Valley. Commission meetings shall be held at

3 various locations throughout the Shenandoah Valley and in

4 a manner that ensures adequate public participation.

5 (h) STAFF OF THE COMMISSION.—The Commission

6 shall have the power to appoint and fix the compensation

7 of such staffs as may be necessary to carry out its duties.

8 (i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad9 ministrator of the General Services Administration shall

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

11 administrative support services as the Commission may re12 quest.

13 (j) FEDERAL AGENCIES.—Upon request of the Com14 mission, the head of any Federal agency may detail to the

15 Commission, on a reimbursable basis, personnel of the agen16 cy to assist the Commission in carrying out its duties.

17 (k) SUBPOENAS.—The Commission may not issue sub18 poenas or exercise any subpoena authority.

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

20 serve without compensation, but the Secretary may reim21 burse members for expenses reasonably incurred in carrying

22 out the responsibilities of the Commission under this Act.

23 (m) MAIL.—The Commission may use the United

24 States mails in the same manner and under the same condi-
48

•HR 1091 RS

1 tions as other departments and agencies of the United

2 States.

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

4 carrying out the duties of the Commission, seek, accept, and

5 dispose of gifts, bequests, or donations of money, personal

6 property, or services, received from any source.

7 (o) TERMINATION.—The Commission shall terminate

8 at the expiration of the 45-day period beginning on the date

9 on which the Secretary approves the plan under section

10 305(d).

11 SEC. 309. DUTIES OF THE COMMISSION.

12 (a) IN GENERAL.—The Commission shall—

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

14 in section 305, in consultation with the Secretary;

15 (2) advise the Secretary on the administration of

16 the battlefields;

17 (3) assist the Commonwealth of Virginia, and

18 any political subdivision thereof, in the management,

19 protection, and interpretation of the natural, cultural,

20 and historical resources within the historic core areas,

21 except that the Commission shall in no way infringe

22 upon the authorities and policies of the Common23 wealth of Virginia or any political subdivision there24 of; and
49

•HR 1091 RS

1 (4) take appropriate action to encourage protec2 tion of the natural, cultural, and historic resources

3 within the battlefields and historic core areas by land4 owners, local governments, organizations, and busi5 nesses.

6 (b) ASSISTANCE TO NONPROFIT ORGANIZATIONS.—

7 The Commission may assist any nonprofit organization in

8 the management, protection, and interpretation of the natu9 ral, cultural, and historical resources within the historic

10 core areas.

11 SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

12 (a) AUTHORIZATION.—There are authorized to be ap13 propriated such sums as may be necessary to carry out this

14 title, except that not more than $250,000 may be appro15 priated for any fiscal year for the establishment and oper16 ation of the Commission.

17 (b) AVAILABILITY OF FUNDS.—Funds made available

18 under subsection (a) shall remain available until expended.

Passed the House of Representatives September 19,

1996.

Attest: ROBIN H. CARLE,

Clerk.
Calendar No. 613

104TH CONGRESS

2D SESSION H. R. 1091

A BILL

To improve the National Park System in the

Commonwealth of Virginia.

SEPTEMBER 16, 1996

Reported with an amendment