II 

112TH CONGRESS 

1ST SESSION S. 1303 

To authorize the Secretary of the Interior to establish Fort Monroe National 

Historical Park in the Commonwealth of Virginia, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. WEBB (for himself and Mr. WARNER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To authorize the Secretary of the Interior to establish Fort 

Monroe National Historical Park in the Commonwealth 

of Virginia, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fort Monroe National 

5 Historical Park Establishment Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMONWEALTH.—The term ‘‘Common9 wealth’’ means— 

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1 (A) the Commonwealth of Virginia; or 

2 (B) any management entity or political 

3 subdivision established by the Commonwealth 

4 for the planning, management, and reuse of 

5 land, buildings, or structures reverting to or 

6 conveyed to the Commonwealth as a result of 

7 the Base Realignment land closures process of 

8 2005 affecting the Fort. 

9 (2) FORT.—The term ‘‘Fort’’ means the third 

10 system fortification historically referred to as ‘‘For11 tress Monroe’’, including— 

12 (A) the moat; and 

13 (B) the land and improvements within the 

14 Fort and adjacent to the outside perimeter of 

15 the moat. 

16 (3) HISTORIC AREA.—The term ‘‘historic area’’ 

17 means the Fort Monroe National Historic Landmark 

18 located outside the boundary of the Park. 

19 (4) HISTORIC RESOURCES.—The term ‘‘historic 

20 resources’’ means any land, cultural landscapes, 

21 buildings, or structures that are— 

22 (A) located within the Fort; or 

23 (B) adjacent to the Fort within the con24 necting road system formed by Fenwick Road, 

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1 Ingalls Road, Murray Road, Patch Road, Grif2 fith Street, and Bomford Lane. 

3 (5) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the general management plan for 

5 the Park developed under section (4)(i). 

6 (6) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Fort Monroe National Historical Park Pro8 posed Boundary’’, numbered 250/107,111, and 

9 dated June 24, 2011. 

10 (7) NATURAL AND RECREATIONAL RE11 SOURCES.—The term ‘‘natural and recreational re12 sources’’ means any land and submerged land lying 

13 within, and associated with, the North Beach area of 

14 the Fort, as depicted on the map. 

15 (8) PARK.—The term ‘‘Park’’ means the Fort 

16 Monroe National Historical Park established by sec17 tion (3)(a). 

18 (9) PROJECT.—The term ‘‘project’’ means any 

19 activity, restoration, rehabilitation, interpretive ex20 hibit or device, or physical improvement for which 

21 Federal funds have been expended. 

22 (10) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the Interior. 

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1 SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Commonwealth a unit of the National Park System, to 

4 be known as the ‘‘Fort Monroe National Historical Park’’. 

5 (b) PURPOSES.—The purposes of the Park are— 

6 (1) to preserve the historic resources and nat7 ural and recreational resources; 

8 (2) to provide land and water-based recreational 

9 opportunities at the Park; and 

10 (3) to interpret for the benefit of present and 

11 future generations— 

12 (A) Old Point Comfort, including recog13 nizing— 

14 (i) the relationship of Old Point Com15 fort to the voyages of Captain John Smith; 

16 (ii) the location of Old Point Comfort 

17 as the first entry place of captive Africans 

18 into English North America; 

19 (iii) the use of Old Point Comfort for 

20 successive fortifications; and 

21 (iv) the role of Old Point Comfort in 

22 the War of 1812; 

23 (B) the development and use of the Fort 

24 as a coastal defense facility and artillery train25 ing center, including providing information on 

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1 the military and community life at Fort Mon2 roe; 

3 (C) the role of the Fort in the Civil War, 

4 including— 

5 (i) the use of the Fort as a haven for 

6 individuals escaping enslavement during 

7 the Civil War; and 

8 (ii) the formation and service of U.S. 

9 Colored Troop units stationed at Fort 

10 Monroe; 

11 (D) persons and events associated with the 

12 Fort that contributed to the history of the Fort 

13 and the United States, including the relevance 

14 of those persons and events to modern society; 

15 and 

16 (E) the natural and recreational resources 

17 associated with the Fort. 

18 (c) BOUNDARY.—The Park shall be comprised of the 

19 Fort, the historic resources, and the natural and rec20 reational resources, as generally depicted on the map. 

21 (d) AVAILABILITY OF MAP.—The map shall be on file 

22 and available for public inspection in the appropriate of23 fices of the National Park Service. 

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1 SEC. 4. ADMINISTRATION. 

2 (a) IN GENERAL.—The Secretary shall administer 

3 the Park in accordance with— 

4 (1) this Act; and 

5 (2) the laws generally applicable to units of the 

6 National Park System, including— 

7 (A) the National Park Service Organic Act 

8 (16 U.S.C. 1 et seq.); and 

9 (B) the Act of August 21, 1935 (16 U.S.C. 

10 461 et seq.). 

11 (b) FEDERAL, STATE, AND LOCAL JURISDICTION.— 

12 (1) EFFECT ON FEDERAL AUTHORITY.—Except 

13 as otherwise provided in this Act, nothing in this Act 

14 enlarges, diminishes, or modifies any authority of 

15 the United States to carry out Federal laws (includ16 ing regulations) on Federal land located within the 

17 boundary of the Park. 

18 (2) EFFECT ON STATE AND LOCAL AUTHOR19 ITY.—Nothing in this Act enlarges, diminishes, or 

20 modifies any authority of the Commonwealth or any 

21 political subdivision of the Commonwealth— 

22 (A) to exercise civil and criminal jurisdic23 tion within the Park, unless an agreement for 

24 concurrent jurisdiction is executed that modifies 

25 the jurisdiction of the Commonwealth or politmstockstill on DSK4VPTVN1PROD with BILLS

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1 ical subdivision of the Commonwealth with re2 spect to the Park; or 

3 (B) to carry out Commonwealth laws, reg4 ulations, and rules on non-Federal land located 

5 within the boundary of the Park. 

6 (c) NO NET LOSS OF COMMONWEALTH-OWNED

7 BUILDINGS AND STRUCTURES.—In the case of the loss 

8 or authorized demolition of buildings or structures within 

9 the Fort Monroe National Historic Landmark, replace10 ment of the square footage from the loss or demolition 

11 shall be permitted if the construction complies with— 

12 (1) the Secretary of the Interior’s Standards for 

13 the Treatment of Historic Properties under part 68 

14 of title 36, Code of Federal Regulations (or suc15 cessor regulations); and 

16 (2) section 106 of the National Historic Preser17 vation Act (16 U.S.C. 470f). 

18 (d) AUTHORIZATION OF EX-OFFICIO APPOINT19 MENTS.—The Superintendent of the Park may serve as 

20 an ex-officio member of any board or committee affecting 

21 the Fort that the Secretary determines would— 

22 (1) be beneficial to the preservation of Park re23 sources; and 

24 (2) further the interpretive or educational pur25 poses of the Park. 

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1 (e) COOPERATIVE AGREEMENTS AND VISITOR SERV2 ICES.— 

3 (1) IN GENERAL.—Subject to the provisions of 

4 this section and as the Secretary determines to be 

5 appropriate to carry out this section, the Secretary 

6 may enter into cooperative agreements with the 

7 Commonwealth or any other party, under which the 

8 Secretary may identify, interpret, and provide assist9 ance for the preservation of non-Federal properties 

10 within the boundary of the Park or in the historic 

11 area, including providing for the placement of direc12 tional and interpretive signage, wayside exhibits, and 

13 technology-based interpretive devices. 

14 (2) LIMITATIONS.—The Secretary shall not 

15 enter into any cooperative agreement under this sub16 section until the Secretary— 

17 (A) determines that— 

18 (i) sufficient historic resources and 

19 natural and recreational resources have 

20 been acquired to constitute a manageable 

21 unit; and 

22 (ii) easements have been acquired on 

23 the remaining historic resources and nat24 ural and recreational resources within the 

25 boundary of the Park sufficient to ensure 

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1 the integrity of the historic resources and 

2 natural and recreational resources of the 

3 Park; and 

4 (B) has entered into a written agreement 

5 with the Commonwealth providing— 

6 (i) for an effective process for ensur7 ing that the future uses of historic re8 sources and natural and recreational re9 sources within and adjacent to the bound10 ary of the Park will be compatible with the 

11 designation of the Park as a unit of the 

12 National Park System; and 

13 (ii) as cooperatively determined be14 tween the Secretary and the Common15 wealth, contributions to be made by any 

16 other party for sharing with the Common17 wealth and the Secretary the costs of, 

18 maintenance and utilities necessary for the 

19 operation and maintenance of the Park. 

20 (3) ADAPTIVE REUSE.—Nothing in this Act in21 hibits the Commonwealth from providing for the 

22 adaptive reuse of the interior of any non-federally 

23 owned historic resource for such compatible uses de24 termined under subsection (e)(2)(B) that are con25 ducted in accordance with the Secretary of the Intemstockstill on DSK4VPTVN1PROD with BILLS

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1 rior’s Standards for the Treatment of Historic Prop2 erties under part 68 of title 36, Code of Federal 

3 Regulations (or successor regulations). 

4 (4) JOINT VISITOR SERVICES FACILITIES.—If 

5 the Secretary determines that the visitor experience 

6 to the Park would be enhanced and result in cost ef7 ficiencies, the Secretary may— 

8 (A) provide not more than 50 percent of 

9 the costs of designing and rehabilitating non10 federally owned structures or buildings in the 

11 Park, or within the historic area, for Park oper12 ations and visitor services, including the design, 

13 construction, and installation of exhibits for the 

14 Park; and 

15 (B) jointly operate and maintain the facili16 ties with the Commonwealth. 

17 (5) FORT MONROE FOUNDATION.—The Sec18 retary may enter into a partnership agreement with 

19 the Fort Monroe Foundation that would benefit the 

20 preservation and interpretation of resources within 

21 the Park. 

22 (6) TERMS AND CONDITIONS OF AGREE23 MENTS.—Any cooperative agreement entered into 

24 under paragraph (1) shall include terms and condi25 tions that ensure that— 

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1 (A) the Secretary, acting through the Di2 rector of the National Park Service, shall have 

3 the right of access at all reasonable times to all 

4 public portions of the property covered by the 

5 agreement for the purposes of— 

6 (i) conducting visitors through the 

7 properties; and 

8 (ii) interpreting the properties for the 

9 public; 

10 (B) no changes or alterations shall be 

11 made to any properties covered by a cooperative 

12 agreement entered into under paragraph (1) 

13 unless the Secretary and the other party to the 

14 agreement agree to the changes or alterations; 

15 and 

16 (C) any conversion, use, or disposal of a 

17 project for purposes contrary to the purposes of 

18 this section, as determined by the Secretary, 

19 shall entitle the United States to reimburse20 ment in an amount equal to the greater of— 

21 (i) the amounts made available to the 

22 project by the United States; or 

23 (ii) the portion of the increased value 

24 of the project attributable to the amounts 

25 made available under this subsection, as 

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1 determined at the time of the conversion, 

2 use, or, disposal. 

3 (7) COST-SHARING REQUIREMENT.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the Secretary shall require, 

6 as a condition of the receipt of funds under 

7 paragraph (1), that any Federal funds made 

8 available under a cooperative agreement or for 

9 joint visitor services facilities shall be matched 

10 on an equal basis by non-Federal funds. 

11 (B) EXCEPTIONS.—The cost-sharing re12 quirement under subparagraph (A) shall not 

13 apply to the costs incurred for placing direc14 tional and interpretive signage, wayside exhib15 its, and technology-based interpretive devices as 

16 provided for in paragraph (1). 

17 (C) FORM OF NON-FEDERAL SHARE.— 

18 With the approval of the Secretary, the non19 Federal share required under paragraph (1) 

20 may be in the form of property, goods, or serv21 ices from a non-Federal source, fairly valued. 

22 (f) ACQUISITION OF LAND.— 

23 (1) IN GENERAL.—The Secretary may acquire 

24 land or interests in land within the boundary of the 

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1 Park by donation, purchase from a willing seller 

2 with donated or appropriated funds, or exchange. 

3 (2) PRIORITY.—The Secretary shall give pri4 ority to the acquisition of land or interests in land 

5 under this subsection in the following properties: 

6 (A) The Old Headquarters Building 

7 (Building #1). 

8 (B) The Bachelors Officers Quarters 

9 (Building #50). 

10 (C) Lee’s Quarters (Building #17). 

11 (D) The Parade Ground. 

12 (E) Casemate #22. 

13 (F) The North Beach and associated sub14 merged land as depicted on the map. 

15 (G) A right of way appropriate to the cul16 tural and natural resource Park setting for 

17 public access between the Fort and the North 

18 Beach area as depicted on the map, or in a lo19 cation agreed upon by the Secretary and the 

20 Commonwealth. 

21 (3) DONATION OF COMMONWEALTH-OWNED

22 LAND.—Land or interests in land owned by the 

23 Commonwealth or any political subdivision of the 

24 Commonwealth may only be acquired by donation. 

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1 (4) EASEMENTS AND RIGHTS OF ACCESS.—The 

2 Commonwealth may retain, or the Secretary may 

3 grant, such easements or rights of access as may be 

4 necessary for the maintenance and operations of 

5 utilities, infrastructure, and transportation in the 

6 Park, subject to a determination by the Secretary 

7 that there would be no impairment to Park re8 sources or impacts on visitor experiences in the Park 

9 as a result of the easements or rights of access. 

10 (g) TECHNICAL ASSISTANCE AND PUBLIC INTERPRE11 TATION.— 

12 (1) IN GENERAL.—The Secretary may provide 

13 technical assistance and public interpretation of re14 sources within the historic area and at any sites in 

15 close proximity to the Park outside of the historic 

16 area that are related to events or persons associated 

17 with the Fort, including encampments or cemeteries 

18 of formerly enslaved persons freed at the Fort dur19 ing the Civil War. 

20 (2) COORDINATION.—The Secretary may pro21 vide for the coordination of interpretation between 

22 the Park and the Captain John Smith Chesapeake 

23 National Historic Trail for any resources within the 

24 boundary of the Park relating to the trail. 

25 (h) OLD POINT COMFORT LIGHTHOUSE.— 

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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary and 

3 the Secretary of Homeland Security shall enter into 

4 an interagency agreement for the long-term protec5 tion and public interpretation of the Old Point Com6 fort Lighthouse. 

7 (2) CIRCUMSTANCES OF AGREEMENT.—The 

8 agreement shall specify the circumstances under 

9 which the Secretary may provide for interpretation 

10 and visitor enjoyment of the Old Point Comfort 

11 Lighthouse and the grounds of the Old Point Com12 fort Lighthouse. 

13 (3) NO LIMITATIONS ON AUTHORITY.—Nothing 

14 in this subsection limits the authority of the Sec15 retary of Homeland Security to use the Old Point 

16 Comfort Lighthouse for navigational or national se17 curity purposes. 

18 (i) MANAGEMENT PLAN.— 

19 (1) IN GENERAL.—Not later than 3 fiscal years 

20 after the date on which funds are first made avail21 able to carry out this Act, the Secretary, in consulta22 tion with the Commonwealth, shall complete a gen23 eral management plan for the Park in accordance 

24 with— 

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1 (A) section 12(b) of the National Park 

2 System General Authorities Act (16 U.S.C. 1a– 

3 7(b)); and 

4 (B) any other applicable laws. 

5 (2) CONSIDERATION OF COMMONWEALTH LAWS, 

6 PLANS AND AGREEMENTS.—In developing the man7 agement plan, the Secretary shall consider— 

8 (A) the Fort Monroe Reuse Plan; 

9 (B) the Fort Monroe Programmatic Agree10 ment dated April 27, 2009 (and any amend11 ments to the agreement); and 

12 (C) the State of Virginia Fort Monroe Au13 thority Act. 

14 (3) COST-SHARING PROVISIONS.—The manage15 ment plan shall include provisions that identify any 

16 costs to be shared by the Federal Government and 

17 the Commonwealth or other public or private entities 

18 or individuals for necessary capital improvements to, 

19 and maintenance and operations of, the Park. 

20 (j) LIMITATION OF LIABILITY.—Except as mutually 

21 agreed upon in writing, the National Park Service and the 

22 Commonwealth shall not be responsible for liabilities out23 side of their respective property ownerships. 

24 (k) UNIFORM AND CONSISTENT MANAGEMENT.— 

25 The Secretary may cooperate with the Commonwealth to 

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1 ensure that the Park is preserved, maintained, and oper2 ated in a uniform and consistent manner. 

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act. 

Æ 

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