I

104TH CONGRESS

1ST SESSION H. R. 1091

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

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,

3 TITLE I—RICHMOND NATIONAL

4 BATTLEFIELD

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 ‘‘SEC. 1. (a) In order to preserve the site of the 1862

9 Peninsular Campaign and the 1864–65 battle of Rich10 mond, in the vicinity of Richmond, Virginia, as a national
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1 battlefield park for the benefit and inspiration of the peo2 ple of the United States, there is hereby established, sub3 ject to existing rights, the Richmond National Battlefield

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

5 ‘‘(b) The Park shall consist of the lands, waters, and

6 interests therein within the area generally depicted on the

7 map entitled ‘llllllll’, numbered ll, and

8 dated ll. The map shall be on file and available for

9 public inspection in the office of the National Park Serv10 ice, Department of the Interior.’’.

11 SEC. 102. REPEAL OF PROVISION REGARDING PROPERTY

12 ACQUISITION.

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

14 1155) is amended by striking section 2.

15 SEC. 103. ADMINISTRATION.

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

17 49 Stat. 1156) is redesignated as section 2 and is amend18 ed by striking the period and inserting ‘‘, and the Act of

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

20 TITLE II—SHENANDOAH

21 NATIONAL PARK

22 SEC. 201. MODIFICATION OF BOUNDARY.

23 The boundary of Shenandoah National Park is here24 by modified as depicted on the map entitled

25 ‘‘lllllllll’’, numbered ll, and dated
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1 ll, and so much of the Act of May 22, 1926 (44 Stat.

2 616) as is inconsistent herewith is hereby repealed.

3 SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD

4 CORRIDORS.

5 (a) IN GENERAL.—Not later than 180 days after the

6 date of the enactment of this Act, the Secretary of the

7 Interior shall transfer to the Commonwealth of Virginia,

8 without consideration or reimbursement, all right, title,

9 and interest of the United States in and to all county road

10 corridors that were located within the Shenandoah Na11 tional Park on the day before the date of the enactment

12 of this Act and are removed from such Park by the bound13 ary modification made by section 201.

14 (b) DEFINITIONS.—For purposes of this section:

15 (1) COUNTY ROAD CORRIDOR.—The term

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

17 comprised of any Shenandoah county road together

18 with an amount of land, which is contiguous with

19 the road and which is selected by the Secretary of

20 the Interior in consultation with the Governor of the

21 Commonwealth of Virginia, such that the total width

22 of the corridor is 50 feet.

23 (2) SHENANDOAH COUNTY ROAD.—The term

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

25 road that is open to public vehicle usage and that,
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1 on the date of the enactment of this Act, constitutes

2 part of—

3 (A) Madison County Route 600;

4 (B) Rockingham County Route 624;

5 (C) Rockingham County Route 625;

6 (D) Rockingham County Route 626;

7 (E) Warren County Route 604;

8 (F) Page County Route 759;

9 (G) Page County Route 611;

10 (H) Page County Route 682;

11 (I) Page County Route 662;

12 (J) Augusta County Route 611;

13 (K) Augusta County Route 619;

14 (L) Albemarle County Route 614;

15 (M) Augusta County Route 661;

16 (N) Rockingham County Route 663;

17 (O) Rockingham County Route 659;

18 (P) Page County Route 669;

19 (Q) Rockingham County Route 661;

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

21 or

22 (S) the road connecting Criser Road and

23 the in-holding of the Warren County School

24 Board.
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1 TITLE III—COLONIAL NATIONAL

2 HISTORICAL PARK

3 SEC. 301. MODIFICATION OF BOUNDARY.

4 Notwithstanding the provisions of the Act of June 28,

5 1938 (52 Stat. 1208; 16 U.S.C. 81b, 81d), limiting the

6 average width of the Colonial Parkway, the Secretary of

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

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

9 National Historical Park, and to acquire by purchase, do10 nation, or exchange, lands and interests in lands (with or

11 without improvements) within the areas depicted on the

12 map dated August 1993, numbered 333/80031A, and enti13 tled ‘‘Page Landing Addition to Colonial National Histori14 cal Park’’. Such map shall be on file and available for in15 spection in the offices of the National Park Service at Co16 lonial National Historical Park and in Washington, Dis17 trict of Columbia.

18 SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND

19 RIGHTS-OF-WAY.

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

21 transfer, without reimbursement (except as provided in

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

23 the existing sewage disposal system, including related im24 provements and structures, that is owned by the United

25 States and located within the Colonial National Historical
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1 Park, together with such rights-of-way as the Secretary

2 determines to be necessary to maintain and operate such

3 system.

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

5 Secretary is authorized to enter into a cooperative agree6 ment with York County, Virginia, under which the Sec7 retary will pay a portion, not to exceed $110,000, of the

8 costs of repair and rehabilitation of the sewage disposal

9 system referred to in subsection (a).

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

11 AND ALTERATIONS.—In consideration for the rights-of12 way granted under subsection (a), in recognition of the

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

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

15 cooperative agreement under subsection (b) shall provide

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

17 charged to the National Park Service for its sewage dis18 posal with respect to the Colonial National Historical

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

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

21 shall provide that such system may not be enlarged or sub22 stantially altered without the concurrence of the director

23 of the National Park Service.
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1 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out this title.

4 TITLE IV—SHENANDOAH VAL5 LEY NATIONAL BATTLE6 FIELDS

7 SEC. 401. SHORT TITLE.

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

9 National Battlefields Partnership Act of 1995’’.

10 SEC. 402. CONGRESSIONAL FINDINGS.

11 The Congress finds that—

12 (1) there are situated in the Shenandoah Valley

13 in the Commonwealth of Virginia the sites of several

14 key Civil War battles;

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

16 districts in the Shenandoah Valley are collectively of

17 national significance in the history of the Civil War;

18 (3) in 1990, the Congress enacted legislation di19 recting the Secretary of the Interior to prepare a

20 comprehensive study of significant sites and struc21 tures associated with Civil War battles in the Shen22 andoah Valley;

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

24 found that many of the sites within the Shenandoah

25 Valley possess national significance and retain a

26 high degree of historical integrity;
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1 (5) the preservation and interpretation of these

2 sites will make a vital contribution to the under3 standing of the heritage of the United States;

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

5 regional framework requires cooperation among local

6 property owners and Federal, State, and local gov7 ernment entities; and

8 (7) partnerships between Federal, State, and

9 local governments, the regional entities of such gov10 ernments, and the private sector offer the most ef11 fective opportunities for the enhancement and man12 agement of the Civil War battlefields and related

13 sites in the Shenandoah Valley.

14 SEC. 403. STATEMENT OF PURPOSE.

15 The purposes of this title are to—

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

17 of the Civil War in the Shenandoah Valley;

18 (2) recognize and interpret important events

19 and geographic locations representing key Civil War

20 battles in the Shenandoah Valley, including those

21 battlefields associated with the Thomas J. (Stone22 wall) Jackson campaign of 1862 and the decisive

23 campaigns of 1864;

24 (3) recognize and interpret the effect of the

25 Civil War on the civilian population of the Shen-
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1 andoah Valley during the war and postwar recon2 struction period; and

3 (4) create partnerships among Federal, State,

4 and local governments, the regional entities of such

5 governments, and the private sector to preserve, con6 serve, enhance, and interpret the nationally signifi7 cant battlefields and related sites associated with the

8 Civil War in the Shenandoah Valley.

9 SEC. 404. DEFINITIONS.

10 For purposes of this title:

11 (1) The term ‘‘battlefields’’ means the Shen12 andoah Valley National Battlefields established by

13 section 405.

14 (2) The term ‘‘Commission’’ means the Shen15 andoah Valley National Battlefields Commission es16 tablished by section 409.

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

18 that surrounds each unit of the battlefields, is de19 picted on the map referred to in section 405(a), en20 compasses important components of a conflict, and

21 provides a strategic context and geographic setting

22 for understanding the conflict.

23 (4) The term ‘‘plan’’ means the Shenandoah

24 Valley National Battlefields plan approved by the

25 Secretary under section 406.
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1 (5) The term ‘‘Secretary’’ means the Secretary

2 of the Interior.

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

4 Shenandoah Valley in the Commonwealth of Vir5 ginia.

6 SEC. 405. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

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

8 of this title, there is hereby established the Shenandoah

9 Valley National Battlefields in the Commonwealth of Vir10 ginia. The battlefields shall consist of approximately 1,863

11 acres of lands and interests therein as generally depicted

12 on the map entitled ‘‘Shenandoah Valley National Battle13 fields’’, numbered SHVA/80,000, and dated April 1994,

14 comprising units at Cedar Creek, Cross Keys, Fisher’s

15 Hill, McDowell, New Market, Opequan, Port Republic,

16 Second Kernstown, Second Winchester, and Tom’s Brook.

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

18 on file and available for public inspection in the offices

19 of the Commission and in the appropriate offices of the

20 National Park Service.

21 (3) The Secretary may, with the advice of the Com22 mission and following an opportunity for public comment,

23 make minor revisions to the boundaries of the battlefields.

24 (b) ADMINISTRATION.—The Secretary shall admin25 ister the battlefields in accordance with this title and with
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1 provisions of law generally applicable to the National Park

2 System, including the Act of August 25, 1916 (39 Stat.

3 535; 16 U.S.C. 1, 2, 3, 4) and the Act of August 21, 1935

4 (49 Stat. 666; 16 U.S.C. 461–467). The Secretary shall

5 protect, manage, and administer the battlefields for the

6 purposes of preserving and interpreting their natural, cul7 tural, and historic resources and of providing for public

8 understanding and appreciation of the battlefields, in such

9 a manner as to perpetuate these qualities and values for

10 future generations.

11 (c) LAND ACQUISITION.—(1) Except as otherwise

12 provided in this subsection, the Secretary is authorized to

13 acquire lands and interests therein within the boundaries

14 of the battlefields by donation, purchase with donated or

15 appropriated funds, or exchange, except that no lands or

16 interests therein may be acquired under this title except

17 with the consent of the owner thereof.

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

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

20 the Commonwealth of Virginia, or a political subdivision

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

22 only by donation or exchange.

23 (3) The Secretary may not accept, under this title,

24 donations of lands or interests therein acquired through

25 condemnation.
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1 (d) LIVING HISTORY DEMONSTRATIONS AND BAT2 TLEFIELD ENACTMENTS.—The Secretary shall allow, at

3 any location in the battlefields, any living history dem4 onstration or battlefield reenactment that is the same as

5 or substantially similar to a demonstration or reenactment

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

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

8 Act. The Secretary may allow, at any location in the bat9 tlefields, any living history demonstration or battlefield re10 enactment that is not described in the preceding sentence

11 but that the Secretary determines to be appropriate.

12 SEC. 406. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

13 PLAN.

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

15 by the Secretary pursuant to this title and the Shen16 andoah Valley National Battlefields plan developed by the

17 Commission and approved by the Secretary, as provided

18 in this section.

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

20 (1) recommendations of potential boundary

21 modifications to the battlefields, including modifica22 tions to the boundaries of the historic core of each

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

24 battlefields;
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1 (2) provisions for the management, protection,

2 and interpretation of the natural, cultural, and his3 torical resources of the battlefields, consistent with

4 the purposes of this title;

5 (3) recommendations to the Commonwealth of

6 Virginia (and political subdivisions thereof) for the

7 management, protection, and interpretation of the

8 natural, cultural, and historical resources of the his9 toric core areas;

10 (4) the information described in section 12(b)

11 of Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertain12 ing to the preparation of general management

13 plans);

14 (5) identification of appropriate partnerships

15 between the Secretary, Federal, State, and local gov16 ernments and regional entities, and the private sec17 tor, in furtherance of the purposes of this title;

18 (6) proposed locations for visitor contact and

19 major interpretive facilities, including proposals for

20 one interpretive facility in the upper Shenandoah

21 Valley and one in the lower Shenandoah Valley;

22 (7) 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 (8) provisions for a uniform valley-wide histori2 cal marker and wayside exhibit program, including a

3 provision for marking, with the consent of the

4 owner, historic structures and properties that are

5 contained within the historic core areas and contrib6 ute to the understanding of the battlefields; and

7 (9) recommendations for means of ensuring

8 continued local involvement and participation in the

9 management, protection, and development of the

10 battlefields.

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

12 than 3 years after the date on which the Commission con13 ducts its first meeting, the Commission shall submit to

14 the Secretary a draft plan that meets the requirements

15 of subsection (b).

16 (2) Prior to submitting the draft plan to the Sec17 retary, the Commission shall ensure that—

18 (A) the Commonwealth of Virginia, and any po19 litical subdivision thereof that would be affected by

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

21 (B) adequate notice of the availability of the

22 draft plan is provided through publication in appro23 priate local newspapers in the area of the battle24 fields; and
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1 (C) at least one public hearing in the vicinity of

2 the battlefields in the upper Shenandoah Valley and

3 one public hearing in the vicinity of the battlefields

4 in the lower Shenandoah Valley is conducted by the

5 Commission with respect to the draft plan.

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

7 Secretary shall review the draft plan submitted under sub8 section (c) and, not later than 90 days after the date on

9 which the draft plan is submitted, shall either—

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

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

12 Commission modifications that would make the draft

13 plan acceptable.

14 SEC. 407. COOPERATIVE AGREEMENTS.

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

16 this title, the Secretary may establish partnerships and

17 enter into cooperative agreements concerning lands, and

18 interests therein, within the battlefields and historic core

19 areas with other Federal, State, or local agencies, and pri20 vate persons and organizations.

21 (b) HISTORIC MONUMENTS.—The Secretary may

22 enter into an agreement with the owner of property that

23 is located in the battlefields, or in an historic core area,

24 and on which an historic monument or tablet commemo25 rating a relevant battle has been erected prior to the date
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1 of the enactment of this Act. The Secretary may make

2 funds available for the maintenance, protection, and inter3 pretation of the monument or tablet, as the case may be,

4 pursuant to the agreement.

5 SEC. 408. GRANT PROGRAM.

6 (a) IN GENERAL.—(1) The Secretary may award

7 grants and provide technical assistance, to owners of prop8 erty located within the battlefields and historic core areas,

9 to provide for the preservation and interpretation of the

10 natural, cultural, and historical resources within the bat11 tlefields and historic core areas.

12 (2)(A) The Secretary, after consultation with the

13 Commission, may award grants and provide technical as14 sistance to governmental entities to assist with the plan15 ning, development, and implementation of comprehensive

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

17 other appropriate documents, that are consistent with and

18 designed to protect the historic character of the battle19 fields and historic core areas.

20 (B) The Commission shall conduct a regular review

21 of plans, guidelines, regulations, ordinances, and docu22 ments with respect to which the Secretary has awarded

23 a grant under this paragraph. If the Commission finds

24 that any such plan, guideline, regulation, ordinance, or

25 document, or the implementation thereof, is no longer con-
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1 sistent with the protection of the historic character of the

2 battlefields and historic core areas the Commission may

3 recommend, after consultation with the affected govern4 mental entity, that the Secretary suspend any grant

5 awarded pursuant to this paragraph with respect to the

6 plan, guideline, regulation, ordinance, or document.

7 (C) The Secretary, after consultation with the Com8 mission, shall suspend any grant awarded under this para9 graph if the Secretary has determined that the plan,

10 guideline, regulation, ordinance, or document with respect

11 to which the grant is awarded is modified in a manner

12 that is inconsistent with the protection of the historic

13 character of the battlefields and historic core areas.

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

15 made under this section may not exceed the amount of

16 non-Federal funds provided for the preservation, interpre17 tation, planning, development, or implementation with re18 spect to which the grant is awarded.

19 (c) ADDITIONAL CONDITIONS.—The Secretary may

20 require such additional terms and conditions before

21 awarding any grant under this section as the Secretary

22 determines to be necessary.
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1 SEC. 409. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

2 COMMISSION.

3 (a) ESTABLISHMENT.—There is hereby established

4 the Shenandoah Valley National Battlefields Commission.

5 (b) MEMBERSHIP.—The Commission shall be com6 posed of 19 members, to be appointed by the Secretary

7 as follows:

8 (1) 5 members representing local governments

9 of communities in the vicinity of the battlefields, ap10 pointed after the Secretary considers recommenda11 tions made by appropriate local governing bodies.

12 (2) 10 members representing property owners

13 within the battlefields or historic core areas (1 mem14 ber within each unit of the battlefields).

15 (3) 1 member with demonstrated expertise in

16 historic preservation.

17 (4) 1 member who is a recognized historian

18 with expertise in Civil War history.

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

20 the Governor, ex officio.

21 (6) The Director of the National Park Service,

22 or a designee of the Director, ex officio.

23 (c) APPOINTMENTS.—Members of the Commission

24 shall be appointed for staggered terms of 3 years, as des25 ignated by the Secretary at the time of the initial appoint26 ment. Any member of the Commission appointed for a
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1 definite term may serve after the expiration of the term

2 until the successor of the member is appointed.

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

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

5 Chairperson. The terms of office of the Chairperson and

6 Vice Chairperson shall be 2 years. The Vice Chairperson

7 shall serve as Chairperson in the absence of the Chair8 person.

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

10 be filled in the same manner in which the original appoint11 ment was made, except that the Secretary shall fill any

12 vacancy within 30 days after the vacancy occurs.

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

14 constitute a quorum.

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

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

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

18 Commission meetings and agendas for the meetings shall

19 be published in local newspapers that have a distribution

20 throughout the Shenandoah Valley. Commission meetings

21 shall be held at various locations throughout the Shen22 andoah Valley and in a manner that ensures adequate

23 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

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

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

14 subpoenas 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 carry18 ing out the responsibilities of the Commission under this

19 title.

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

21 States mails in the same manner and under the same con22 ditions as other departments and agencies of the United

23 States.

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

25 carrying out the duties of the Commission, seek, accept,
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1 and dispose of gifts, bequests, or donations of money, per2 sonal property, or services, received from any source.

3 (o) TERMINATION.—The Commission shall terminate

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

5 date on which the Secretary approves the plan under sec6 tion 406(d).

7 SEC. 410. DUTIES OF THE COMMISSION.

8 (a) IN GENERAL.—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 on the administration

12 of the battlefields;

13 (3) assist the Commonwealth of Virginia, and

14 any political subdivision thereof, in the management,

15 protection, and interpretation of the natural, cul16 tural, and historical resources within the historic

17 core areas, except that the Commission shall in no

18 way infringe upon the authorities and policies of the

19 Commonwealth of Virginia or any political subdivi20 sion thereof; and

21 (4) take appropriate action to encourage protec22 tion of the natural, cultural, and historic resources

23 within the battlefields and historic core areas by

24 landowners, local governments, organizations, and

25 businesses.
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1 (b) ASSISTANCE TO NONPROFIT ORGANIZATIONS.—

2 The Commission may assist any nonprofit organization in

3 the management, protection, and interpretation of the nat4 ural, cultural, and historical resources within the historic

5 core areas.

6 SEC. 411. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AUTHORIZATION.—There are authorized to be ap8 propriated such sums as may be necessary to carry out

9 this title, except that not more than $250,000 may be ap10 propriated for any fiscal year for the establishment and

11 operation of the Commission.

12 (b) AVAILABILITY OF FUNDS.—Funds made avail13 able under subsection (a) shall remain available until ex14 pended.

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