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104TH CONGRESS

1ST SESSION H. R. 1961

To designate the Tennessee Civil War Heritage Area, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 29, 1995

Mr. GORDON (for himself, Mr. QUILLEN, Mr. FORD, Mr. CLEMENT, Mr. TANNER, and Mr. WAMP) introduced the following bill; which was referred

to the Committee on Resources

A BILL

To designate the Tennessee Civil War Heritage Area, and

for other purposes.

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

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) there are situated in the State of Tennessee

6 the sites of several key Civil War battles, campaigns,

7 and engagements;

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

9 areas in Tennessee are collectively of national sig10 nificance in the history of the Civil War;
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1 (3) the Civil War Sites Advisory Commission,

2 established by Congress in 1991, identified 38 sites

3 in Tennessee as significant;

4 (4) the preservation and interpretation of these

5 sites will make an important contribution to the un6 derstanding of the heritage of the United States;

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

8 regional framework requires cooperation among local

9 property owners and Federal, State, and local gov10 ernment entities; and

11 (6) partnerships between Federal, State, and

12 local governments and their regional entities, and

13 the private sector, offer the most effective opportuni14 ties for the enhancement and management of the

15 Civil War battlefields and related sites located in

16 Tennessee.

17 (b) PURPOSES.—The purposes of this Act are—

18 (1) to preserve, conserve, and interpret the leg19 acy of the Civil War in Tennessee;

20 (2) to recognize and interpret important events

21 and geographic locations representing key Civil War

22 battles, campaigns, and engagements in Tennessee;

23 (3) to recognize and interpret the effect of the

24 Civil War on the civilian population of Tennessee
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1 during the war and postwar reconstruction period;

2 and

3 (4) to create partnerships among Federal,

4 State, and local governments and their regional enti5 ties, and the private sector to preserve, conserve, en6 hance, and interpret the battlefields and associated

7 sites associated with the Civil War in Tennessee.

8 SEC. 2. DEFINITIONS.

9 As used in this Act:

10 (1) The term ‘‘national heritage area’’ means

11 the Tennessee Civil War Heritage Area as des12 ignated pursuant to section 3.

13 (2) The term ‘‘Secretary’’ means the Secretary

14 of the Interior.

15 (3) The term ‘‘compact’’ means the compact

16 approved under section 4.

17 (4) The term ‘‘management plan’’ means the

18 management plan submitted under section 5.

19 SEC. 3. TENNESSEE CIVIL WAR HERITAGE AREA.

20 (a) DESIGNATION.—Upon publication by the Sec21 retary in the Federal Register of notice that a compact

22 regarding the Tennessee Civil War Heritage Area has

23 been approved by the Secretary in accordance with this

24 Act, there shall be designated the Tennessee Civil War

25 Heritage Area.
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1 (b) BOUNDARIES.—The Tennessee Civil War Herit2 age Area shall be comprised of areas of the State of Ten3 nessee depicted on the map entitled ‘‘Tennessee Civil War

4 Heritage Area’’. The map shall be on file and available

5 for public inspection in the office of the Director of the

6 National Park Service.

7 (c) ADMINISTRATION.—The national heritage area

8 shall be administered in accordance with the compact and

9 the management plan.

10 SEC. 4. COMPACT.

11 (a) COMPACT.—The compact referred to in section

12 3(a) shall include information relating to the objectives

13 and management of the area proposed for designation as

14 a national heritage area. Such information shall include

15 (but not be limited to) each of the following:

16 (1) A delineation of the boundaries of the pro17 posed National Heritage Area.

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

19 the proposed national heritage area, including an ex20 planation of the approach, proposed by the partners

21 referred to in paragraph (4), to conservation and in22 terpretation of resources.

23 (3) An identification and description of the

24 management entity that will administer the proposed

25 national heritage area.
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1 (4) A list of the initial partners to be involved

2 in developing and implementing the management

3 plan for the proposed national heritage area, and a

4 statement of the financial commitment of the part5 ners.

6 (5) A description of the role of the State of

7 Tennessee.

8 (b) PREPARATION OF AND ACTIONS CALLED FOR IN

9 COMPACT.—The compact shall be prepared with public

10 participation. Actions called for in the compact shall be

11 likely to be initiated within a reasonable time after des12 ignation of the proposed national heritage area and shall

13 ensure effective implementation of the State and local as14 pects of the compact.

15 (c) APPROVAL AND DISAPPROVAL OF COMPACTS.—

16 (1) The Secretary, in consultation with the Governor of

17 Tennessee, shall approve or disapprove the proposed com18 pact not later than 90 days after receiving such compact.

19 (2) If the Secretary disapproves a proposed compact,

20 the Secretary shall advise, in writing, the reasons for the

21 disapproval and shall make recommendations for revisions

22 of the proposed compact. The Secretary shall approve or

23 disapprove a proposed revision to such a compact within

24 90 days after the date on which the revision is submitted

25 to the Secretary.
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1 SEC. 5. MANAGEMENT.

2 (a) MANAGEMENT PLANS.—A management plan sub3 mitted under this Act for the national heritage area shall

4 present comprehensive recommendations for the conserva5 tion, funding, management, and development of the area.

6 The management plan shall—

7 (1) be prepared with public participation;

8 (2) take into consideration existing Federal,

9 State, county, and local plans and involve residents,

10 public agencies, and private organizations in the

11 area;

12 (3) include a description of actions that units of

13 government and private organizations are rec14 ommended to take to protect the resources of the

15 area;

16 (4) specify existing and potential sources of

17 funding for the conservation, management, and de18 velopment of the area; and

19 (5) include the following, as appropriate:

20 (A) An inventory of the resources con21 tained in the national heritage area, including a

22 list of property in the area that should be con23 served, restored, managed, developed, or main24 tained because of the natural, cultural, or his25 toric significance of the property as it relates to

26 the themes of the area.
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1 (B) A recommendation of policies for re2 source management that consider and detail the

3 application of appropriate land and water man4 agement techniques, including (but not limited

5 to) the development of intergovernmental coop6 erative agreements to manage the historical,

7 cultural, and natural resources and the rec8 reational opportunities of the area in a manner

9 consistent with the support of appropriate and

10 compatible economic viability.

11 (C) A program, including plans for res12 toration and construction, for implementation

13 of the management plan by the management

14 entity specified in the compact for the area and

15 specific commitments, for the first 5 years of

16 operation of the plan, by the partners identified

17 in the compact.

18 (D) An analysis of means by which Fed19 eral, State, and local programs may best be co20 ordinated to promote the purposes of this Act.

21 (E) An interpretive plan for the National

22 Heritage Area.

23 (b) MANAGEMENT ENTITIES.—The management en24 tity for the national heritage area shall do each of the fol25 lowing:
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1 (1) Develop and submit to the Secretary a man2 agement plan not later than three years after the

3 date of the designation of the area as a national her4 itage area.

5 (2) Give priority to the implementation of ac6 tions, goals, and policies set forth in the compact

7 and management plan for the area, including—

8 (A) assisting units of government, regional

9 planning organizations, and nonprofit organiza10 tions—

11 (i) in conserving the national heritage

12 area;

13 (ii) in establishing and maintaining

14 interpretive exhibits in the area;

15 (iii) in developing recreational oppor16 tunities in the area;

17 (iv) in increasing public awareness of

18 and appreciation for the natural, historical,

19 and cultural resources of the area;

20 (v) in the restoration of historic build21 ings that are located within the boundaries

22 of the area and relate to the themes of the

23 area; and

24 (vi) in ensuring that clear, consistent,

25 and environmentally appropriate signs
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1 identifying access points and sites of inter2 est are put in place throughout the area;

3 and

4 (B) consistent with the goals of the man5 agement plan, encouraging economic viability in

6 the affected communities by appropriate means.

7 (3) In developing and implementing the man8 agement plan for the area, consider the interests of

9 diverse units of government, businesses, private

10 property owners, and nonprofit groups within the ge11 ographic area.

12 (4) Conduct public meetings at least quarterly

13 regarding the implementation of the management

14 plan for the area.

15 (c) CLEARING HOUSE.—The Congress recognizes the

16 Center for Historic Preservation at Middle Tennessee

17 State University as the clearing house for the Tennessee

18 Civil War Heritage Area.

19 SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

20 (a) SECRETARY OF THE INTERIOR.—The Sec21 retary—

22 (1) may provide technical assistance to units of

23 government and private nonprofit organizations re24 garding feasibility studies and the compact and,

25 upon request of the management entity for the na-
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1 tional heritage area, regarding the management plan

2 and its implementation;

3 (2) may not, as a condition of the award of

4 technical assistance under this section, require any

5 recipient of such technical assistance to enact or

6 modify land use restrictions; and

7 (3) may not make limitations on fishing, hunt8 ing, or trapping a condition for the approval of the

9 compact or the determination of eligibility for tech10 nical assistance under this section.

11 (b) DUTIES OF OTHER FEDERAL AGENCIES.—Any

12 Federal entity conducting any activity directly affecting

13 the national heritage area shall consider the potential ef14 fect of the activity on the management plan for the area

15 and shall consult with the Governor of Tennessee with re16 spect to the activity to minimize the adverse effects of the

17 activity on the area.

18 SEC. 7. SAVINGS PROVISIONS.

19 (a) LACK OF EFFECT ON AUTHORITY OF GOVERN20 MENTS.—Nothing in this Act shall be construed to modify,

21 enlarge, or diminish any authority of the Federal, State,

22 or local governments to regulate any use of land as pro23 vided for by law or regulation.

24 (b) LACK OF ZONING OR LAND USE POWERS OF EN25 TITY.—Nothing in this Act shall be construed to grant
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1 powers of zoning or land use to any management entity

2 for the national heritage area.

3 (c) FISH AND WILDLIFE.—The designation of the

4 national heritage area shall not diminish the authority of

5 the State of Tennessee to manage fish and wildlife, includ6 ing the regulation of fishing and hunting within such area.

7 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated such sums as

9 may be necessary to carry out this Act.

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