I

103D CONGRESS

1ST SESSION H. R. 746

To establish the Shenandoah Valley National Battlefields and Commission

in the Commonwealth of Virginia, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. WOLF introduced the following bill; which was referred to the Committee

on Natural Resources

A BILL

To establish the Shenandoah Valley National Battlefields

and Commission 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 ‘‘Shenandoah Valley

5 National Battlefields Partnership Act of 1993’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) there are situated in the Shenandoah Valley

9 in the Commonwealth of Virginia the sites of Civil

10 War battles;
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1 (2) certain sites, battlefields, structures, and

2 districts in the Shenandoah Valley, are collectively of

3 national significance in the history of the American

4 Civil War;

5 (3) the National Park Service has assessed the

6 suitability and feasibility of including Shenandoah

7 Valley battlefield sites in the National Park System,

8 or of affiliating these sites with the National Park

9 System, and has found that these sites possess na10 tional significance and a high degree of historical

11 integrity;

12 (4) the preservation and interpretation of these

13 sites, battlefields, structures, and districts can make

14 a vital contribution to the understanding of the her15 itage of the United States;

16 (5) popular interest in the Civil War has

17 reached a point not seen since Civil War veterans

18 themselves sought to preserve battlefields they hal19 lowed;

20 (6) the historic integrity of these battlefields is

21 imperiled by an accelerated pace of growth in the re22 gion;

23 (7) concerned individuals and nonprofit organi24 zations have expressed interest in donating land in

25 the Shenandoah Valley to the United States for the
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1 purpose of preserving sites of the Nation’s vanishing

2 Civil War legacy;

3 (8) as evidenced by studies by Virginia Poly4 technic Institute and State University, the preserva5 tion of highly significant Civil War battlefield sites

6 within the regional framework of the Shenandoah

7 Valley, together with site improvements, including

8 visitor centers and interpretive programs, would

9 have a positive impact on economic development and

10 employment in the Shenandoah Valley by generating

11 new annual sales of goods and services valued at

12 $50,000,000 to $65,000,000, creating 1,300 to

13 1,600 new jobs, and generating $18,000,000 to

14 $22,000,000 in new salaries and wages;

15 (9) the goal of preserving Civil War sites within

16 a regional framework is to promote cooperation

17 among local property owners and Federal, State,

18 and local government entities that seek to promote

19 economic development through the preservation of

20 sites and places significant to the history of the

21 Nation; and

22 (10) partnerships between Federal, State, and

23 local governments and their regional entities, and

24 the private sector—
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1 (A) offer the most effective opportunities

2 for the enhancement and management of the

3 Civil War battlefields and related sites in the

4 Shenandoah Valley; and

5 (B) are best fostered through establish6 ment of a region-wide Commission.

7 SEC. 3. PURPOSES.

8 The purposes of this Act are to—

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

10 of the Civil War in the Shenandoah Valley of

11 Virginia;

12 (2) recognize and interpret important events

13 and geographic locations in the conduct of the Civil

14 War in the Shenandoah Valley of Virginia, including

15 those battlefields associated with the Thomas J.

16 (Stonewall) Jackson Campaign of 1862 and the de17 cisive campaigns of 1864;

18 (3) recognize and interpret the effect of war on

19 the Valley’s civilian population during the war and

20 the postwar reconstruction period;

21 (4) create partnerships among Federal, State,

22 and local governments and their regional entities,

23 and the private sector to preserve, conserve, en24 hance, and interpret the nationally significant battle-
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1 fields and related sites associated with the Civil War

2 in the Shenandoah Valley; and

3 (5) establish and maintain a geographic

4 database and information system that can be used

5 to locate, track, and cross reference significant

6 historical and cultural properties, structures, and

7 markers.

8 SEC. 4. DEFINITIONS.

9 For the purposes of this Act:

10 (1) BATTLEFIELDS.—The term ‘‘Battlefields’’

11 means the Shenandoah Valley National Battlefields

12 established under section 101.

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

14 means the Shenandoah Valley National Battlefields

15 Commission established by title II.

16 (3) CONTRIBUTING BATTLEFIELD.—The term

17 ‘‘contributing battlefield’’ means those areas identi18 fied in the National Park Service study, ‘‘Civil War

19 Sites in the Shenandoah Valley of Virginia’’, that—

20 (A) encompass all important components

21 of a conflict, including approach routes, areas

22 of troop concentrations, reserve positions, com23 mand headquarters, hospitals, signal stations,

24 or other important observation points, picket

25 lines, battle lines, maneuver areas, assault
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1 areas, artillery positions, retreat routes, and

2 places where the armies bivouacked before or

3 after the fighting; and

4 (B) provide a strategic context and geo5 graphic setting for understanding the conflict.

6 (4) HERITAGE PLAN.—The term ‘‘Heritage

7 Plan’’ means the Shenandoah Valley Civil War Sites

8 Heritage Plan approved pursuant to section 104.

9 (5) HISTORIC CORE.—The term ‘‘historic core’’

10 means areas identified in the National Park Service

11 study, ‘‘Civil War Sites in the Shenandoah Valley of

12 Virginia’’, containing sites of confrontational deploy13 ment, heaviest fighting, and most severe casualties,

14 and those sites important in shaping the ebb and

15 flow of battle.

16 (6) MAJOR INTERPRETIVE FACILITY.—The

17 term ‘‘major interpretive facility’’ means a year18 round staffed visitor center that provides an orienta19 tion to the entire park, and, through interpretive ex20 hibits and media, communicates to the public the

21 story of the Civil War in the Shenandoah Valley of

22 Virginia.

23 (7) LANDS THAT HAVE LOST THEIR HISTORIC

24 INTEGRITY.—The term ‘‘lands that have lost their

25 historic integrity’’ means those battlefield areas
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1 identified on site maps in the National Park Service

2 study, ‘‘Civil War Sites in the Shenandoah Valley of

3 Virginia’’, that are identified as having experienced

4 a significant percentage of land use change from its

5 historic appearance to the extent that the areas no

6 longer retain a unique cultural or historical identity.

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

8 the Secretary of the Interior.

9 TITLE I—SHENANDOAH VALLEY

10 NATIONAL BATTLEFIELDS

11 SEC. 101. ESTABLISHMENT OF SHENANDOAH VALLEY NA12 TIONAL BATTLEFIELDS.

13 (a) ESTABLISHMENT.—On the approval by the Sec14 retary pursuant to section 104 of the Heritage Plan, and

15 on notice published in the Federal Register of the ap16 proval, there is established the Shenandoah Valley Na17 tional Battlefields as a unit of the National Park System.

18 (b) AREAS INCLUDED.—The Battlefields shall consist

19 only of those lands identified in the Heritage Plan in the

20 counties of Clarke, Frederick, Highland, Rockingham,

21 Shenandoah, and Warren, and in the city of Winchester.

22 The Commission shall identify lands in the historic core,

23 and the contributing battlefield area immediately adjacent

24 to, or in the vicinity of the historic core, that shall com25 prise the Shenandoah Valley National Battlefields.
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1 (c) BATTLEFIELDS INCLUDED.—The following bat2 tlefields shall be included in the Battlefields:

3 (1) Cedar Creek.

4 (2) Cool Spring.

5 (3) Cross Keys.

6 (4) Fisher’s Hill.

7 (5) First Kernstown.

8 (6) Second Kernstown.

9 (7) McDowell.

10 (8) New Market.

11 (9) Port Republic.

12 (10) Tom’s Brook.

13 (11) Opequon (Third Winchester).

14 (12) Second Winchester.

15 (d) MAP.—The map entitled ‘‘Shenandoah Valley Na16 tional Battlefields’’, and dated lllllllllll,

17 shall be on file and available for public inspection in the

18 Office of the Director of the National Park Service.

19 SEC. 102. PROTECTION AND CONSERVATION OF HISTORIC

20 PROPERTIES.

21 (a) HERITAGE PRESERVATION.—The Secretary and

22 the Commission shall take appropriate action to encourage

23 heritage preservation within the regional area of the Bat24 tlefields by landowners, local governments, organizations,

25 and businesses.
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1 (b) HERITAGE TOURISM.—The Secretary and the

2 Commission shall cooperate to promote appropriate levels

3 of heritage tourism in the Shenandoah Valley of Virginia

4 that are compatible with resource protection.

5 (c) PARTNERSHIPS AND COOPERATIVE AGREE6 MENTS.—

7 (1) IN GENERAL.—The Secretary, with the con8 sent of the Commission, may establish partnerships

9 and enter into cooperative agreements relating to

10 planning, development, use, management, and inter11 pretation of properties within the Battlefields with

12 other Federal agencies, State and local subdivisions,

13 and private persons, to advance the purposes of this

14 Act.

15 (2) AGREEMENTS WITH OWNERS OF PROP16 ERTY.—

17 (A) IN GENERAL.—The Secretary may

18 enter into agreements with the owners of prop19 erty in the Battlefields on which historic monu20 ments and tablets commemorating the battles

21 have been erected.

22 (B) ACQUISITION.—Within the boundaries

23 of the Battlefields, as provided in the Heritage

24 Plan, the Secretary may, with the consent of

25 the owner, acquire by donation, purchase, or ex-
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1 change, lands and interests comprising the

2 monuments and tablets, together with lands

3 and interests in lands necessary to provide ade4 quate public access to the monuments and tab5 lets.

6 (C) MAINTENANCE.—The Secretary may

7 make funds available, subject to appropriations,

8 for the maintenance, protection, and interpreta9 tion of the monuments and tablets pursuant to

10 the agreements.

11 (3) INTERIM AUTHORITY.—During the period

12 Heritage Plan is being prepared, the Secretary, with

13 the approval of the Commission, may enter into

14 agreements described in paragraph (2) to advance

15 the purposes of this Act.

16 (d) RESTORATION OF PROPERTIES.—Notwithstand17 ing any other provision of law, the Secretary, with the ad18 vice and approval of the Commission, may restore and re19 habilitate property within the Battlefields pursuant to

20 partnerships and cooperative agreements without regard

21 to whether title to the property vests with the United

22 States.

23 (e) GRANTS.—Within the Battlefields, the Secretary

24 may award grants to property owners and governmental

25 entities and provide technical assistance, information, and
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1 advice under section 101(h) of the National Historic Pres2 ervation Act (16 U.S.C. 470a(h)) to promote the use of

3 natural and cultural resources to conserve and maintain

4 the historic character of the Battlefields. The grants shall

5 be made to assist local landowners, businesses, and local

6 governments in cooperative efforts designed to meet herit7 age preservation objectives in the historic core and con8 tributing battlefield area.

9 (f) PLANNING COSTS.—

10 (1) IN GENERAL.—The Secretary, under such

11 terms and conditions as the Secretary may prescribe,

12 and at the request of any local or county govern13 ment entity or a regional entity that encompasses

14 any one or more of the Battlefields, may reimburse

15 up to 90 percent of the planning cost incurred by

16 the entity in the development of comprehensive plans

17 and land use guidelines, regulations, and ordinances

18 that are consistent with conserving the historic char19 acter of the Battlefields.

20 (2) CONSULTATION.—The plans shall be pre21 pared in consultation with the Secretary and the

22 Commission.

23 (3) IMPLEMENTATION GRANTS.—A plan or

24 strategy that is approved by the Secretary and the
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1 Commission shall be eligible for implementation

2 grants under subsection (g).

3 (4) APPROPRIATION DETERMINATE.—Reim4 bursement under this subsection may only be made

5 in such amounts as are provided by appropriation.

6 (g) IMPLEMENTATION GRANTS TO GOVERNMENTAL

7 ENTITIES AND THE PRIVATE SECTOR.—

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

9 grants to State, county, or municipal governmental

10 entities or regional entities, based on a matching

11 formula identified in the Heritage Plan to facilitate

12 the implementation of protection plans and strate13 gies to further the purposes of this Act. The grants

14 shall be conditioned on the approval by the Sec15 retary of commitments from the governmental enti16 ties that the entities will assist in the implementa17 tion of an approved protection strategy. The Sec18 retary shall suspend the provision of grants if the

19 Secretary has withdrawn approval of the strategy

20 under paragraphs (2) and (3).

21 (2) REVIEW.—The Secretary and the Commis22 sion shall conduct a regular review of approved

23 strategies for the purpose of ensuring that the strat24 egies continue to meet the requirements of sub25 sections (e) and (f) and this subsection. If the Sec-
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1 retary finds that a strategy or the implementation of

2 a strategy no longer meets the requirements, after

3 consultation with the Commission and the affected

4 governmental entity, the Secretary shall withdraw

5 approval of the strategy.

6 (3) GRANT CONDITIONS.—Grants under this

7 subsection shall be made only on application of the

8 recipient governmental entity and shall be made

9 using funds specifically appropriated for the grants

10 as authorized by this Act. The funds shall be in ad11 dition to any other Federal financial assistance for

12 any other program, and shall be subject to such

13 terms and conditions as the Secretary deems nec14 essary to carry out the purposes of this subsection.

15 SEC. 103. ACQUISITION.

16 (a) GENERAL AUTHORITY.—Within the historic core,

17 subject to the limitations specified in subsection (b), on

18 the adoption of the Heritage Plan by the Secretary and

19 the Commission, the Secretary may acquire lands and in20 terests in lands by donation, purchase with donated or ap21 propriated funds, or exchange with willing landowners.

22 (b) LIMITATIONS ON AUTHORITY.—

23 (1) STATE OR LOCAL LAND.—Lands, and inter24 ests in lands, within the boundaries of the Battle25 fields that are owned by a State, county, or munici-
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1 pal entity, or any political subdivision of the entity,

2 may be acquired only by donation or exchange.

3 (2) CONDEMNED LAND.—The Secretary may

4 not accept lands acquired by the State through con5 demnation for the purposes of battlefield preserva6 tion under this Act.

7 (3) EMINENT DOMAIN.—Private property shall

8 not be taken through eminent domain under this

9 Act.

10 (4) LANDS THAT HAVE LOST THEIR HISTORIC

11 INTEGRITY.—Unless recommended by the unani12 mous consent of the Commission, in purchasing

13 property the Secretary may not use appropriated

14 funds to acquire lands that have lost their historic

15 integrity.

16 (c) PURCHASE AT FAIR MARKET VALUE.—Lands

17 and interests in land may be acquired under this Act by

18 purchase at a price that is based on the fair market value

19 determined by one or more independent appraisals, con20 sistent with the Uniform Relocation Assistance and Real

21 Property Acquisition Policies Act of 1970 (42 U.S.C. 4601

22 et seq.).

23 (d) RIGHT OF FIRST REFUSAL.—

24 (1) IN GENERAL.—Subject to the limitation

25 specified in subsection (b), the Secretary or Commis-
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1 sion may acquire the right of first refusal in the ac2 quisition of historic core property specified in section

3 101(b).

4 (2) CONSENT.—The Secretary or the Commis5 sion may purchase the right of first refusal only

6 from a consenting property owner.

7 (3) TRANSFER OF INTERESTS.—If the owner of

8 the property from whom the Secretary or the Com9 mission has purchased a right of first refusal in10 tends to transfer any interest in the property by di11 rect and exclusive sale and not by gift or donation,

12 the owner shall, as a condition of the purchase of

13 the right of first refusal, notify the Secretary and

14 the Commission in writing of the intention.

15 (4) PERIOD FOR EXERCISING RIGHTS.—The

16 Secretary or the Commission shall have 120 days

17 after notification to exercise a right of first refusal

18 to match any bona fide offer, so long as the offer

19 does not exceed the fair market value of the prop20 erty, to obtain the interest under the same terms

21 and conditions as are contained in the offer.

22 (5) NONEXERCISE OF RIGHTS.—If the Sec23 retary has not exercised the right within the 120-day

24 period, the right of first refusal shall be considered

25 void and the owner may transfer the interest.
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1 (e) ADMINISTRATION.—

2 (1) IN GENERAL.—On the adoption of the Her3 itage Plan, the Battlefields shall be administered in

4 accordance with this title and with those provisions

5 of law, rules, and regulations generally applicable to

6 units of the National Park System, including the Act

7 entitled ‘‘An Act to establish a National Park Serv8 ice, and for other purposes’’, approved August 25,

9 1916 (16 U.S.C. 2), the Act entitled, ‘‘An Act to

10 provide for the preservation of historic American

11 sites, buildings, objects, and antiquities of national

12 significance, and for other purposes’’, approved Au13 gust 21, 1935 (16 U.S.C. 461 et seq.), and all other

14 relevant Acts that seek to preserve the heritage of

15 the United States. In the case of a conflict between

16 the provisions of this Act and any generally applica17 ble provision of law, the provisions of this Act shall

18 govern.

19 (2) DONATIONS.—Notwithstanding any other

20 provision of law, the Secretary and the Commission

21 may accept donations of funds, property, or services

22 from individuals, foundations, corporations, and

23 other private entities, and from public entities for

24 the purpose of carrying out this Act.
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1 (3) PROGRAMS.—The Secretary and the Com2 mission may sponsor, or coordinate within the Bat3 tlefields and adjacent counties and cities within the

4 Shenandoah Valley, such educational or cultural en5 richment programs as the Secretary or the Commis6 sion considers appropriate to encourage appreciation

7 and preservation of the resources of the Battlefield.

8 (4) FEES.—The Secretary and the Commission

9 may establish such entrance or other fees as the

10 Secretary and the Commission consider necessary

11 and appropriate. A portion of the revenue generated

12 from the fees shall be placed in a special account es13 tablished and administered by the Secretary and the

14 Commission for one or both of the following

15 purposes:

16 (A) Acquisition of lands or interests in

17 lands described in section 101.

18 (B) Direct cash payments to local govern19 ments to supplement existing Federal payments

20 in lieu of taxes in accordance with a payment

21 schedule established by the Commission, in con22 sultation with the Secretary.
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1 SEC. 104. SHENANDOAH VALLEY CIVIL WAR SITES HERIT2 AGE PLAN.

3 (a) IN GENERAL.—Not later than 3 years after the

4 date of enactment of this Act, the Commission, with the

5 approval of the Secretary, shall submit to Congress a Her6 itage Plan that shall describe the appropriate protection,

7 management, uses, and development of the Battlefields

8 consistent with the purposes of this Act. The plan shall

9 contain the information described in section 12(b) of Pub10 lic Law 91–383 (16 U.S.C. 1a–7(b)). The Plan shall be

11 prepared with adequate public involvement, as determined

12 by the Secretary and the Commission.

13 (b) PREPARATION AND APPROVAL OF THE PLAN.—

14 (1) SUBMISSION OF DRAFT PLAN TO THE SEC15 RETARY.—Not later than 2 years after the date on

16 which the Commission conducts its first meeting, the

17 Commission shall submit to the Secretary a draft

18 Shenandoah Valley Civil War Sites Heritage Plan,

19 that shall meet the requirements of subsection (c).

20 (2) REVIEW OF DRAFT PLAN BY THE SEC21 RETARY.—The Secretary shall review the draft Plan

22 and, not later than 90 days after the date on which

23 the plan is submitted to the Secretary suggest ap24 propriate modifications and forward the modifica25 tions to the Commission.
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1 (3) NO SUGGESTED MODIFICATIONS.—If no

2 suggestions are submitted by the Secretary within

3 the 90-day period referred to in paragraph (2), the

4 Plan shall be considered approved.

5 (4) REVISED PLAN.—Not later than 90 days

6 after the Secretary submits suggestions, the Com7 mission shall submit a revised Heritage Plan to the

8 Secretary. The Secretary shall approve or disapprove

9 any revised plan in accordance with paragraph (1).

10 The Secretary may approve a Heritage Plan only if

11 the Secretary determines that the plan would carry

12 out the purposes of this Act.

13 (c) SPECIFIC PROVISIONS.—The Heritage Plan shall

14 include the following provisions:

15 (1) A description of the boundaries of the

16 Battlefields.

17 (2) Identification of partnerships between the

18 Secretary, the Commission, and other Federal,

19 State, and local governments and regional entities,

20 and the private sector, for the management of prop21 erties within the Battlefields.

22 (3) Proposed locations for visitor contact and

23 major interpretive facilities, including at least one

24 major interpretive facility in the upper valley vicinity
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1 and one major interpretive facility in the lower valley

2 vicinity.

3 (4) Plans for implementing a continuing pro4 gram of interpretation and visitor education concern5 ing the resources and values of the Battlefields.

6 (5) Plans for a uniform valley-wide historical

7 marker and wayside exhibit program, including a

8 provision for marking, with the consent of the

9 owner, historic structures and properties contained

10 in the areas identified in section 101(b) that contrib11 ute to the understanding of the Civil War heritage

12 of the valley.

13 (6) Plans for the management of natural and

14 cultural resources of the Battlefields, with particular

15 emphasis on the preservation of historic landscapes

16 and scenes, including a reassessment of the historic

17 integrity of lands within the historic core every 5

18 years, or otherwise, as considered necessary by the

19 Secretary and the Commission.

20 (7) Proposals for possible future operation of

21 battlefield concessions by locally owned businesses,

22 certification of battlefield guides, and a Battlefields23 wide interpretive training program.

24 (d) PUBLICATION.—On approval of the Heritage

25 Plan, the Secretary shall publish notice of the approval
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1 in the Federal Register and the Commission shall forward

2 copies of the approved plan to Congress.

3 (e) REVISIONS.—The Secretary may revise the Herit4 age Plan established pursuant to this section, only after

5 consulting with the Commission, and after adequate public

6 involvement.

7 TITLE II—SHENANDOAH VALLEY

8 NATIONAL BATTLEFIELDS

9 COMMISSION

10 SEC. 201. ESTABLISHMENT, DUTIES, AND ADMINISTRATION

11 OF THE COMMISSION.

12 (a) ESTABLISHMENT.—There is established a com13 mission to be known as the Shenandoah Valley National

14 Battlefields Commission.

15 (b) DUTIES.—

16 (1) IN GENERAL.—In addition to the duties au17 thorized in other provisions of this Act, the Commis18 sion shall—

19 (A) advise and actively participate with the

20 National Park Service in developing the Herit21 age Plan for the Battlefields;

22 (B) assist in the implementation, coordina23 tion, protection, promotion, and management of

24 the Battlefield resources in the Shenandoah

25 Valley of Virginia; and
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1 (C) administer funds donated pursuant to

2 paragraph (2).

3 (2) DONATIONS.—Notwithstanding any other

4 provision of law, the Commission may accept, retain,

5 expend, and dispose of donations of funds for the

6 purpose of carrying out the duties of the Commis7 sion authorized by this Act.

8 (c) MEMBERSHIP.—The Commission shall be com9 posed of the following members:

10 (1) Sixteen members, of which 2 members (one

11 of which must be a property owner in the historic

12 core) shall represent each of the areas specified in

13 section 101(b). The members shall be appointed by

14 the appropriate local governing body as determined

15 by the Secretary.

16 (2) The executive director of the Lord Fairfax

17 Planning District Commission.

18 (3) The executive director of the Central Shen19 andoah Planning District Commission.

20 (4) Two members with demonstrated expertise

21 in historic preservation, appointed by the Secretary.

22 (5) Two members who are recognized historians

23 with expertise in Civil War history, appointed by the

24 Secretary.
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1 (6) Two members appointed by the Secretary,

2 one of whom shall be from a chamber of commerce

3 from within a county in which part of the historic

4 core is located and the other of whom shall be a

5 business leader from a county in which part of the

6 historic core is located.

7 (7) The executive director or designee from

8 each of the following nonprofit entities that own

9 Battlefield property within the historic core:

10 (A) The National Trust for Historic Pres11 ervation/Belle Grove Incorporated.

12 (B) The Cedar Creek Battlefield Founda13 tion.

14 (C) The New Market Battlefield Park.

15 (D) The Association for the Preservation

16 of Civil War Sites.

17 (E) The Lee Jackson Foundation.

18 (F) The Stonewall Brigade Foundation.

19 (G) The Society of Port Republic Preserva20 tionists.

21 (H) Preservation of Historic Winchester.

22 (8) The Director of the Department of Historic

23 Resources, Commonwealth of Virginia (SHPC), ap24 pointed by the Governor, to serve as an ex officio

25 member of the Commission.
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1 (9) The Director of the National Park Service

2 or the designee of the Director, to serve as an ex

3 officio member of the Commission.

4 (d) OPERATIONS OF THE COMMISSION.—

5 (1) APPOINTMENTS.—Members of the Commis6 sion shall be appointed for staggered terms of 3

7 years, as designated by the Secretary at the time of

8 initial appointment. Any member of the Commission

9 appointed for a definite term may serve after the ex10 piration of the term of the member until the succes11 sor of the member is appointed.

12 (2) ELECTION OF OFFICERS.—The Commission

13 shall elect one of the members of the Commission as

14 Chairperson and one as Vice Chairperson. Terms of

15 the Chairperson and Vice Chairperson shall be 2

16 years. The Vice Chairperson shall serve as Chair17 person in the absence of the Chairperson.

18 (3) VACANCY.—Any vacancy on the Commis19 sion shall be filled in the same manner in which the

20 original appointment was made, except that the Sec21 retary if responsible for the appointment, shall fill

22 any vacancy within 30 days after the vacancy oc23 curs. If an appointment has not been made 30 days

24 after the vacancy occurs, the Commission may fill
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1 the position in the same manner in which the origi2 nal appointment was made.

3 (4) QUORUM.—Eleven members of the Commis4 sion shall constitute a quorum.

5 (5) MEETINGS.—The Commission shall meet

6 not less than quarterly, or at the call of the Chair7 person or a majority of its members. The Director

8 or the designee of the Director shall attend each

9 Commission meeting. Notice of meetings and agenda

10 shall be published in local newspapers that have a

11 distribution throughout the Shenandoah Valley.

12 Commission meetings shall be held at various loca13 tions throughout the valley and in such a manner as

14 to ensure adequate public participation.

15 (6) EXPENSES.—Members of the Commission

16 shall serve without compensation, but the Secretary

17 may reimburse members for expenses reasonably in18 curred in carrying out the responsibilities of the

19 members under this Act on vouchers signed by the

20 Chairperson.

21 (7) STAFF.—The Commission may hire such

22 staff as is necessary to carry out this Act. The sal23 ary of an employee may not be in excess of a rate

24 comparable to a grade GS–14 of the General Sched25 ule. On the request of the Commission, the Director
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1 of the National Park Service may detail, on a reim2 bursable basis, personnel of the service to the Com3 mission to assist it in carrying out its duties under

4 this Act.

5 (8) FEDERAL ADVISORY COMMITTEE ACT.—The

6 provisions of section 14 of the Federal Advisory

7 Committee Act (5 U.S.C. App.) are waived with re8 spect to the Commission.

9 TITLE III—AUTHORIZATION OF

10 APPROPRIATIONS

11 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated for each of

13 fiscal years 1993 through 2003 such sums as may be nec14 essary to carry out this Act.

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