IIA

104TH CONGRESS

1ST 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

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,
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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 (Chap5 ter 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

8 Richmond, in the vicinity of Richmond, Virginia, as a na9 tional battlefield park for the benefit and inspiration of

10 the people of the United States, there is hereby estab11 lished, subject to existing rights, the Richmond National

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

13 ‘Park’).

14 ‘‘(b) The Park shall consist of—

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

16 the area generally depicted on the map entitled

17 ‘Richmond National Battlefield Park, Land Status

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

19 1993; and

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

21 Secretary of the Interior (and acceptance by the Sec22 retary), the following tracts: a tract of 750 acres at

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

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

25 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, De7 partment of the Interior.

8 ‘‘(d) The Congress recognizes the national signifi9 cance of the Battle of New Market Heights and declares

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

11 of the New Market Heights Battlefield so that an impor12 tant aspect of American history can be interpreted to the

13 public. The Congress directs the Secretary to work coop14 eratively with the Commonwealth of Virginia, the county

15 of Henrico, Virginia, and property owners within or im16 pacted by the battlefield area to develop alternatives to

17 ensure implementation of these goals. The Secretary shall

18 submit a report outlining such alternatives to the Commit19 tee on Resources of the House of Representatives and the

20 Committee on Energy and Natural Resources of the Sen21 ate no later than June 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 amend4 ed by striking the period and inserting ‘‘, and the Act of

5 August 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

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

13 were administered by the Secretary of the Interior (herein14 after in this title referred to as the ‘‘Secretary’’) as part

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

16 363; 44 Stat. 616) as is inconsistent herewith is hereby

17 repealed.

18 (b) MINOR BOUNDARY ADJUSTMENTS AND LAND

19 ACQUISITION.—

20 (1) MINOR BOUNDARY ADJUSTMENTS.—The

21 Secretary is authorized to make minor adjustments

22 to the boundary of Shenandoah National Park, as

23 modified by this title, to make essential improve24 ments to facilitate access to trailheads to the park

25 that exist on the day before the date of the enact-
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1 ment of this title, in cases in which there are no

2 practicable alternatives to such adjustments.

3 (2) LIMITATIONS ON LAND ACQUISITION.—

4 (A) IN GENERAL.—Except as otherwise

5 provided in this subsection, the Secretary may

6 acquire lands and interests therein under this

7 subsection only by donation.

8 (B) ADDITIONAL RESTRICTIONS.—When

9 acting under this subsection—

10 (i) the Secretary may add to the

11 Shenandoah National Park only lands and

12 interests therein that are contiguous with

13 Federal lands administered by the Sec14 retary as part of the park;

15 (ii) prior to accepting title to any

16 lands or interests therein, the Secretary

17 shall hold a public meeting in the county

18 in which such lands and interests are lo19 cated;

20 (iii) the Secretary shall not alter the

21 primary means of access of any private

22 landowner to the lands owned by such

23 landowner; and

24 (iv) the Secretary shall not cause any

25 property owned by a private individual, or
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1 any group of adjacent properties owned by

2 private individuals, to be surrounded on all

3 sides by land administered by the Sec4 retary as part of the park.

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

6 The Secretary shall take all reasonable actions to mitigate

7 the impacts associated with visitor use at trailheads

8 around the perimeter of Shenandoah National Park. The

9 Secretary shall enlist the cooperation of the State and

10 local jurisdictions, as appropriate, in carrying out this sub11 section.

12 SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD

13 CORRIDORS.

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

15 this section to permit the Commonwealth of Virginia to

16 maintain and provide for safe public use of certain roads

17 that the Commonwealth donated to the Federal Govern18 ment at the time of the establishment of Shenandoah Na19 tional Park.

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

21 180 days after the date of the enactment of this Act, the

22 Secretary of the Interior shall transfer to the Common23 wealth of Virginia, without consideration or reimburse24 ment, all right, title, and interest of the United States in

25 and to all county road corridors that were located within
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1 the Shenandoah National Park on the day before the date

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

3 Park by the boundary modification made by section 201.

4 (c) REVERSION.—Each transfer pursuant to this sec5 tion shall be made subject to the condition that if, at any

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

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

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

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

10 (1) COUNTY ROAD CORRIDOR.—The term

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

12 comprised of any Shenandoah county road together

13 with an amount of land, which is contiguous with

14 the road and which is selected by the Secretary of

15 the Interior in consultation with the Governor of the

16 Commonwealth of Virginia, such that the total width

17 of the corridor is 50 feet.

18 (2) SHENANDOAH COUNTY ROAD.—The term

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

20 road that is open to public vehicle usage and that,

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

22 part of—

23 (A) Madison County Route 600;

24 (B) Rockingham County Route 624;

25 (C) Rockingham County Route 625;
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1 (D) Rockingham County Route 626;

2 (E) Warren County Route 604;

3 (F) Page County Route 759;

4 (G) Page County Route 611;

5 (H) Page County Route 682;

6 (I) Page County Route 662;

7 (J) Augusta County Route 611;

8 (K) Augusta County Route 619;

9 (L) Albemarle County Route 614;

10 (M) Augusta County Route 661;

11 (N) Rockingham County Route 663;

12 (O) Rockingham County Route 659;

13 (P) Page County Route 669;

14 (Q) Rockingham County Route 661;

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

16 or

17 (S) the government-owned parcel connect18 ing Criser Road to the Warren County School

19 Board parcel.

20 TITLE III—COLONIAL NATIONAL

21 HISTORICAL PARK

22 SEC. 301. MODIFICATION OF BOUNDARY.

23 Notwithstanding the provisions of the Act of June 28,

24 1938 (52 Stat. 1208; 16 U.S.C. 81b, 81d), limiting the

25 average width of the Colonial Parkway, the Secretary of
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1 the Interior (hereinafter in this title referred to as the

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

3 National Historical Park, and to acquire by purchase, do4 nation or exchange, lands and interests in lands (with or

5 without improvements) within the areas depicted on the

6 map dated August 1993, numbered 333/80031A, and enti7 tled ‘‘Page Landing Addition to Colonial National Histori8 cal Park’’. Such map shall be on file and available for in9 spection in the offices of the National Park Service at Co10 lonial National Historical Park and in Washington, Dis11 trict of Columbia.

12 SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND

13 RIGHTS-OF-WAY.

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

15 transfer, without reimbursement (except as provided in

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

17 the existing sewage disposal system, including related im18 provements and structures, that is owned by the United

19 States and located within the Colonial National Historical

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

21 determines to be necessary to maintain and operate such

22 system.

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

24 Secretary is authorized to enter into a cooperative agree25 ment with York County, Virginia, under which the Sec-
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1 retary will pay a portion, not to exceed $110,000, of the

2 costs of repair and rehabilitation of the sewage disposal

3 system referred to in subsection (a).

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

5 AND ALTERATIONS.—In consideration for the rights-of6 way granted under subsection (a), in recognition of the

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

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

9 cooperative agreement under subsection (b) shall provide

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

11 charged to the National Park Service for its sewage dis12 posal with respect to the Colonial National Historical

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

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

15 shall provide that such system may not be enlarged or sub16 stantially altered without the concurrence of the director

17 of the National Park Service.

18 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

20 carry out section 302 and $830,000, or the current ap21 praised value of the lands and interests in lands referred

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

23 301.
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1 TITLE IV—SHENANDOAH

2 VALLEY BATTLEFIELDS

3 SEC. 401. SHORT TITLE.

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

5 Battlefields Partnership Act of 1995’’.

6 SEC. 402. CONGRESSIONAL FINDINGS.

7 The Congress finds that—

8 (1) there are situated in the Shenandoah Valley

9 in the Commonwealth of Virginia the sites of several

10 key Civil War battles;

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

12 districts in the Shenandoah Valley are collectively of

13 national significance in the history of the Civil War;

14 (3) in 1990, the Congress enacted legislation di15 recting the Secretary of the Interior to prepare a

16 comprehensive study of significant sites and struc17 tures associated with Civil War battles in the Shen18 andoah Valley;

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

20 found that many of the sites within the Shenandoah

21 Valley possess national significance and retain a

22 high degree of historical integrity;

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

24 regional framework requires cooperation among local
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1 property owners and Federal, State, and local gov2 ernment entities; and

3 (6) partnerships between Federal, State, and

4 local governments, the regional entities of such gov5 ernments, and the private sector offer the most ef6 fective opportunities for the enhancement and man7 agement of the Civil War battlefields and related

8 sites in the Shenandoah Valley.

9 SEC. 403. STATEMENT OF PURPOSE.

10 The purposes of this title are to—

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

12 of the Civil War in the Shenandoah Valley;

13 (2) recognize and interpret important events

14 and geographic locations representing key Civil War

15 battles in the Shenandoah Valley, including those

16 battlefields associated with the Thomas J. (Stone17 wall) Jackson campaign of 1862 and the decisive

18 campaigns of 1864;

19 (3) recognize and interpret the effect of the

20 Civil War on the civilian population of the Shen21 andoah Valley during the war and postwar recon22 struction period; and

23 (4) create partnerships among Federal, State,

24 and local governments, the regional entities of such

25 governments, and the private sector to preserve, con-
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1 serve, enhance, and interpret the nationally signifi2 cant battlefields and related sites associated with the

3 Civil War in the Shenandoah Valley.

4 SEC. 404. DEFINITIONS.

5 For purposes of this title:

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

7 means 1 of 15 battlefields in the Shenandoah Valley,

8 as identified in the report.

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

10 means the Shenandoah Valley Battlefields Commis11 sion established by section 409.

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

13 means the area that is so defined in the report, en14 compasses important components of a battle, and

15 provides a strategic context and geographic setting

16 for understanding the battle.

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

18 means the Shenandoah Battlefields National His19 toric Park established under section 405(b).

20 (5) PLAN.—The term ‘‘plan’’ means the Shen21 andoah Valley Battlefields plan approved by the Sec22 retary under section 406.

23 (6) REPORT.—The term ‘‘report’’ means the re24 port prepared by the Secretary pursuant to the Civil
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1 War Sites Study Act of 1990 (Public Law 101–628;

2 16 U.S.C. 1a–5 note).

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

4 the Secretary of the Interior.

5 (8) SHENANDOAH VALLEY.—The term ‘‘Shen6 andoah Valley’’ means the Shenandoah Valley in the

7 Commonwealth of Virginia.

8 SEC. 405. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL

9 HISTORIC PARK.

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

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

12 Shenandoah Valley Battlefields National Historic Park in

13 the Commonwealth of Virginia. The Secretary shall estab14 lish in the Shenandoah Valley an administrative office and

15 a location to provide information and interpretation with

16 respect to the battlefields.

17 (b) ESTABLISHMENT.—

18 (1) IN GENERAL.—The Shenandoah Valley Bat19 tlefields National Historic Park is hereby established

20 upon publication by the Secretary in the Federal

21 Register that—

22 (A) the Secretary has determined that the

23 historic core of one or more of the battlefields

24 is protected adequately to ensure the long-term
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1 preservation of the historic core in accordance

2 with the plan; and

3 (B) the Secretary accepts administrative

4 jurisdiction of such historic core.

5 (2) CONTENTS OF HISTORIC PARK.—The his6 toric park shall consist of each historic core with re7 spect to which the Secretary publishes a notice

8 under paragraph (1).

9 (c) ADMINISTRATION.—The Secretary shall admin10 ister the historic park in accordance with this title and

11 with provisions of law generally applicable to the National

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

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

14 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467). The Sec15 retary shall protect, manage, and administer the historic

16 park for the purposes of preserving and interpreting its

17 natural, cultural, and historic resources and of providing

18 for public understanding and appreciation of the battle19 fields, in such a manner as to perpetuate these qualities

20 and values for future generations.

21 (d) LAND ACQUISITION.—If a historic core is in22 cluded in the historic park—

23 (1) the Secretary may accept title from any pri24 vate entity to any lands or interests therein within

25 the historic core; and
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1 (2) the Secretary may acquire from any willing

2 seller lands and interests therein within the bound3 ary of the historic core if the Secretary determines

4 that such acquisition is essential to avoid significant

5 changes to land use which the Secretary determines

6 would have a significant adverse effect on the his7 toric character of the historic core.

8 (e) LIVING HISTORY DEMONSTRATIONS AND BAT9 TLEFIELD ENACTMENTS.—The Secretary shall allow, at

10 any location in the historic park, any living history dem11 onstration or battlefield reenactment that is the same as

12 or substantially similar to a demonstration or reenactment

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

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

15 Act. The Secretary may allow, at any location in the his16 toric park, any living history demonstration or battlefield

17 reenactment that is not described in the preceding sen18 tence but that the Secretary determines to be appropriate.

19 SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS PLAN.

20 (a) IN GENERAL.—The historic park shall be man21 aged by the Secretary pursuant to this title and the Shen22 andoah Valley Battlefields plan developed by the Commis23 sion and approved by the Secretary, as provided in this

24 section.

25 (b) SPECIFIC PROVISIONS.—The plan shall include—
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1 (1) 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 (2) identification of the historic cores that are

6 appropriate for administration by the Secretary;

7 (3) a determination of the level of protection

8 that is adequate to ensure the long-term preserva9 tion of each of the historic cores that is identified

10 under paragraph (2) and measures recommended to

11 accomplish such protection, which may include (but

12 need not be limited to) conservation easements, local

13 zoning, transfer of development rights, or ownership

14 by an entity dedicated to preservation of the historic

15 resources of the battlefields;

16 (4) recommendations to the Commonwealth of

17 Virginia (and political subdivisions thereof) regard18 ing the management, protection, and interpretation

19 of the natural, cultural, and historical resources of

20 the battlefields;

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

22 of Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertain23 ing to the preparation of general management

24 plans);
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1 (6) identification of appropriate partnerships

2 between the Secretary, Federal, State, and local gov3 ernments and regional entities, and the private sec4 tor, in furtherance of the purposes of this title;

5 (7) proposed locations for visitor contact and

6 major interpretive facilities;

7 (8) provisions for implementing a continuing

8 program of interpretation and visitor education con9 cerning the resources and values of the battlefields

10 and historic core areas;

11 (9) provisions for a uniform valley-wide histori12 cal marker and wayside exhibit program, including a

13 provision for marking, with the consent of the

14 owner, historic structures and properties that are

15 contained within and contribute to the understand16 ing of the battlefields; and

17 (10) recommendations for means of ensuring

18 continued local involvement and participation in the

19 management, protection, and development of the

20 battlefields.

21 (c) PREPARATION OF DRAFT PLAN.—

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

23 the date on which the Commission conducts its first

24 meeting, the Commission shall submit to the Sec-
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1 retary a draft plan that meets the requirements of

2 subsection (b).

3 (2) ADDITIONAL REQUIREMENTS.—Prior to

4 submitting the draft plan to the Secretary, the Com5 mission shall ensure that—

6 (A) the Commonwealth of Virginia, and

7 any political subdivision thereof that would be

8 affected by the plan, receives a copy of the

9 draft plan;

10 (B) adequate notice of the availability of

11 the draft plan is provided through publication

12 in appropriate local newspapers in the area of

13 the battlefields; and

14 (C) at least one public hearing in the vicin15 ity of the battlefields in the upper Shenandoah

16 Valley and one public hearing in the vicinity of

17 the battlefields in the lower Shenandoah Valley

18 is conducted by the Commission with respect to

19 the draft plan.

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

21 Secretary shall review the draft plan submitted under sub22 section (c) and, not later than 90 days after the date on

23 which the draft plan is submitted, shall either—

24 (1) approve the draft plan as the plan; or
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1 (2) reject the draft plan and recommend to the

2 Commission modifications that would make the draft

3 plan acceptable.

4 SEC. 407. COOPERATIVE AGREEMENTS.

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

6 this title, the Secretary may establish partnerships and

7 enter into cooperative agreements concerning lands, and

8 interests therein, within the battlefields with other Fed9 eral, State, or local agencies and private persons or organi10 zations.

11 (b) HISTORIC MONUMENTS.—The Secretary may

12 enter into an agreement with the owner of property that

13 is located in the battlefields and on which an historic

14 monument or tablet commemorating a relevant battle has

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

16 Act. The Secretary may make funds available for the

17 maintenance, protection, and interpretation of the monu18 ment or tablet, as the case may be, pursuant to the agree19 ment.

20 (c) AGREEMENTS AND PARTNERSHIPS NOT DEPEND21 ENT ON INCLUSION IN HISTORIC PARK.—The Secretary

22 may establish a partnership or enter into an agreement

23 under this section with respect to a battlefield regardless

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

25 is included in the historic park.
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1 SEC. 408. TECHNICAL ASSISTANCE PROGRAM.

2 (a) TECHNICAL ASSISTANCE TO PROPERTY OWN3 ERS.—The Secretary may provide technical assistance to

4 owners of property located within the battlefields to pro5 vide for the preservation and interpretation of the natural,

6 cultural, and historical resources within the battlefields.

7 (b) TECHNICAL ASSISTANCE TO GOVERNMENTAL

8 ENTITIES.—The Secretary, after consultation with the

9 Commission, may award grants and provide technical as10 sistance to governmental entities to assist with the plan11 ning, development, and implementation of comprehensive

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

13 other appropriate documents, that are consistent with and

14 designed to protect the historic character of the battle15 fields.

16 (c) ASSISTANCE NOT DEPENDENT ON INCLUSION IN

17 PARK.—The Secretary may provide assistance under this

18 section with respect to a battlefield or historic core area

19 regardless of whether or not the battlefield or historic core

20 area is included in the Park.

21 SEC. 409. SHENANDOAH VALLEY BATTLEFIELDS COMMIS22 SION.

23 (a) ESTABLISHMENT.—There is hereby established

24 the Shenandoah Valley Battlefields Commission.
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1 (b) MEMBERSHIP.—The Commission shall be com2 posed of 19 members, to be appointed by the Secretary

3 as follows:

4 (1) 5 members representing local governments

5 of communities in the vicinity of the battlefields, ap6 pointed after the Secretary considers recommenda7 tions made by appropriate local governing bodies.

8 (2) 10 members representing property owners

9 within the battlefields (1 member within each unit of

10 the battlefields).

11 (3) 1 member with demonstrated expertise in

12 historic preservation.

13 (4) 1 member who is a recognized historian

14 with expertise in Civil War history.

15 (5) 1 member from a list of recommendations

16 made by the Governor of Virginia.

17 (6) 1 member representing the interests of the

18 National Park Service.

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

20 the life of the Commission.

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

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

23 Chairperson. The terms of office of the Chairperson and

24 Vice Chairperson shall be 2 years. The Vice Chairperson
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1 shall serve as Chairperson in the absence of the Chair2 person.

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

4 be filled in the same manner in which the original appoint5 ment was made, except that the Secretary shall fill any

6 vacancy within 30 days after the vacancy occurs.

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

8 constitute a quorum.

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

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

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

12 Commission meetings and agendas for the meetings shall

13 be published in local newspapers that have a distribution

14 throughout the Shenandoah Valley. Commission meetings

15 shall be held at various locations throughout the Shen16 andoah Valley and in a manner that ensures adequate

17 public participation.

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

19 shall have the power to appoint and fix the compensation

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

21 (i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad22 ministrator of the General Services Administration shall

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

24 administrative support services as the Commission may re25 quest.
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1 (j) FEDERAL AGENCIES.—Upon request of the Com2 mission, the head of any Federal agency may detail to the

3 Commission, on a reimbursable basis, personnel of the

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

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

6 subpoenas or exercise any subpoena authority.

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

8 serve without compensation, but the Secretary may reim9 burse members for expenses reasonably incurred in carry10 ing out the responsibilities of the Commission under this

11 title.

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

13 States mails in the same manner and under the same con14 ditions as other departments and agencies of the United

15 States.

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

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

18 and dispose of gifts, bequests, or donations of money, per19 sonal property, or services, received from any source.

20 (o) TERMINATION.—The Commission shall terminate

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

22 date on which the Secretary approves the plan under sec23 tion 406(d).

24 SEC. 410. DUTIES OF THE COMMISSION.

25 The Commission shall—
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1 (1) develop the plan and draft plan referred to

2 in section 406, in consultation with the Secretary;

3 (2) advise the Secretary with respect to the bat4 tlefields;

5 (3) assist the Commonwealth of Virginia, and

6 any political subdivision thereof, in the management,

7 protection, and interpretation of the natural, cul8 tural, and historical resources within the battlefields,

9 except that the Commission shall in no way infringe

10 upon the authorities and policies of the Common11 wealth of Virginia or any political subdivision there12 of; and

13 (4) take appropriate action to encourage protec14 tion of the natural, cultural, and historic resources

15 within the battlefields by landowners, local govern16 ments, organizations, and businesses.

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

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

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

20 historic park unless—

21 (1) the Secretary determines that the protection

22 of the historic core no longer meets the requirements

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

24 (2) after making a determination referred to in

25 paragraph (1), the Secretary submits to the Con-
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1 gress notification that the historic core should cease

2 to be included in the historic park.

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

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

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

6 public hearing within the vicinity of the historic core.

7 (c) TIME OF TERMINATION OF INCLUSION.—

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

9 be included in the historic park upon the expiration

10 of 90 legislative days after the Secretary submits to

11 the Congress the notification referred to in sub12 section (a)(2) regarding the historic core.

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

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

15 calendar day on which both Houses of the Congress

16 are in session.

17 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated not more

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

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

21 this title, not more than $500,000 to carry out the pur22 poses of sections 407 and 408, and not more than

23 $250,000 for any fiscal year for the operation of the Com24 mission.
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HR 1091 RFS

1 TITLE V—CUMBERLAND GAP

2 NATIONAL HISTORICAL PARK

3 SEC. 501. ADDITION OF LANDS.

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

5 11, 1940 (16 U.S.C. 261 et seq.), the Secretary of the

6 Interior is authorized to acquire by donation, purchase

7 with donated or appropriated funds, or exchange not to

8 exceed 10 acres of land or interests in land, which shall

9 consist of those necessary lands for the establishment of

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

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

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

13 administered as part of Cumberland Gap National Histor14 ical Park.

Passed the House of Representatives September 19,

1995.

Attest: ROBIN H. CARLE,

Clerk.

HR 1091 RFS——2