II

103D CONGRESS

1ST SESSION S. 1033

To establish the Shenandoah Valley National Battlefields and Commission

in the Commonwealth of Virginia, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 26 (legislative day, APRIL 19), 1993

Mr. WARNER (for himself, Mr. ROBB, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on Energy and 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—
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1 (1) there are situated in the Shenandoah Valley

2 in the Commonwealth of Virginia the sites of Civil

3 War battles;

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

5 districts in the Shenandoah Valley are collectively of

6 national significance in the history of the American

7 Civil War;

8 (3) the National Park Service has assessed the

9 suitability and feasibility of recognizing Shenandoah

10 Valley battlefield sites and affiliating these sites with

11 the National Park System, and has found that these

12 sites possess national significance and a high degree

13 of historical integrity;

14 (4) the preservation and interpretation of these

15 sites, battlefields, structures, and districts can make

16 a vital contribution to the understanding of the her17 itage of the United States;

18 (5) the goal of preserving Civil War sites within

19 a regional framework is to promote cooperation

20 among local property owners and Federal, State,

21 and local government entities that seek to promote

22 the preservation of sites and places significant to the

23 history of the Nation; and
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1 (6) partnerships between Federal, State, and

2 local governments and their regional entities, and

3 the private sector—

4 (A) offer the most effective opportunities

5 for the enhancement and management of the

6 Civil War battlefields and related sites in the

7 Shenandoah Valley; and

8 (B) are best fostered through establish9 ment of a regionwide Commission.

10 SEC. 3. PURPOSES.

11 The purposes of this Act are to—

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

13 of the Civil War in the Shenandoah Valley of

14 Virginia;

15 (2) recognize and interpret important events

16 and geographic locations in the conduct of the Civil

17 War in the Shenandoah Valley of Virginia, including

18 those battlefields associated with the Thomas J.

19 (Stonewall) Jackson Campaign of 1862 and the de20 cisive campaigns of 1864;

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

22 the civilian population of the Valley during the war

23 and the postwar reconstruction period;

24 (4) create partnerships among Federal, State,

25 and local governments and their regional entities,
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1 and the private sector to preserve, conserve, en2 hance, and interpret the nationally significant battle3 fields and related sites associated with the Civil War

4 in the Shenandoah Valley; and

5 (5) establish and maintain a geographic

6 database and information system that can be used

7 to locate, track, and cross reference significant his8 torical and cultural properties, structures, and

9 markers.

10 SEC. 4. DEFINITIONS.

11 For the purposes of this Act:

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

13 means the Shenandoah Valley National Battlefields

14 established under section 101.

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

16 means the Shenandoah Valley National Battlefields

17 Commission established under title II.

18 (3) CONTRIBUTING AREAS.—The term ‘‘con19 tributing areas’’ means those areas identified in the

20 National Park Service study, ‘‘Civil War Sites in the

21 Shenandoah Valley of Virginia’’, that encompass all

22 important components of a conflict that provide a

23 strategic context and geographic setting for under24 standing the conflict.
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1 (4) HERITAGE PLAN.—The term ‘‘Heritage

2 Plan’’ means the Shenandoah Valley National Herit3 age Plan approved pursuant to section 102.

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

5 means areas identified in the National Park Service

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

7 Virginia’’, containing sites of confrontation deploy8 ment, heaviest fighting, and most severe casualties.

9 (6) MAJOR INTERPRETATIVE FACILITY.—The

10 term ‘‘major interpretative facility’’ means a year11 round staffed facility that may serve as the head12 quarters for the Commission, provides an orientation

13 to the Battlefields, and, through interpretive exhibits

14 and media, communicates to the public the story of

15 the Civil War in the Shenandoah Valley of Virginia.

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

17 the Secretary of the Interior.

18 TITLE I—SHENANDOAH VALLEY

19 NATIONAL BATTLEFIELDS

20 SEC. 101. ESTABLISHMENT OF THE SHENANDOAH VALLEY

21 NATIONAL BATTLEFIELDS.

22 (a) ESTABLISHMENT.—To carry out the purpose of

23 this Act, there is established the Shenandoah Valley Na24 tional Battlefields.

25 (b) BOUNDARIES.—
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1 (1) IN GENERAL.—The Battlefields shall consist

2 of approximately 1,140 acres as generally depicted

3 on the map entitled ‘‘Shenandoah Valley National

4 Battlefields’’, numbered lllll and dated

5 llllllllllll, located in the counties

6 of Frederick, Highland, Rockingham, Shenandoah,

7 and in the city of Winchester, Virginia.

8 (2) AVAILABILITY OF MAP.—The map shall be

9 on file and available for public inspection in the of10 fices of the Commission and in the offices of the

11 National Park Service.

12 (3) REVISIONS.—The Secretary may, with the

13 advice of the Commission and following an oppor14 tunity for public comment and timely notice to the

15 Committee on Energy and Natural Resources of the

16 Senate and to the Committee on Natural Resources

17 of the House of Representatives, make minor revi18 sions to the boundaries of the Battlefields. Any revi19 sion shall take effect upon publication by the Sec20 retary in the Federal Register of a revised boundary

21 map or other description.

22 (c) ADMINISTRATION.—The Secretary, acting

23 through the Director of the National Park Service, shall

24 manage the Battlefields in accordance with this Act and

25 the provisions of law generally applicable to the National
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1 Park System, including the Act of August 25, 1916 (39

2 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August

3 21, 1935 (49 Stat. 666). The Secretary shall protect,

4 manage, and administer the Battlefields for the purposes

5 of preserving and interpreting the cultural and natural re6 sources of the historic site and providing for the public

7 understanding and appreciation of the Battlefields in such

8 a manner as to perpetuate these qualities and values for

9 future generations.

10 (d) ACQUISITION.—

11 (1) IN GENERAL.—Subject to paragraph (2),

12 the Secretary is authorized to acquire lands and in13 terests in lands with the consent of the landowner—

14 (A) within the Battlefields, by donation,

15 purchase with donated or appropriated funds,

16 or exchange, only with the consent of the land17 owners; and

18 (B) within the boundaries of the contribut19 ing areas, by donation or exchange pursuant to

20 the Heritage Plan.

21 (2) LIMITATIONS ON AUTHORITY.—

22 (A) STATE OR LOCAL LAND.—Lands, and

23 interests in lands, within the Battlefields or

24 contributing areas, that are owned by a State,

25 county, or municipal entity, or any political sub-
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1 division of the entity, may be acquired only by

2 donation or exchange.

3 (B) CONDEMNED LAND.—The Secretary

4 may not accept lands acquired by the State

5 through condemnation.

6 SEC. 102. ESTABLISHMENT OF THE SHENANDOAH VALLEY

7 NATIONAL BATTLEFIELDS HERITAGE PLAN.

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

9 date of enactment of this Act, the Secretary, with the ad10 vice of the Commission, shall transmit to Congress for ap11 proval a Shenandoah Valley National Battlefields Herit12 age Plan that meets the requirements of subsection (c).

13 (b) PREPARATION AND APPROVAL OF THE HERITAGE

14 PLAN.—

15 (1) SUBMISSION OF DRAFT HERITAGE PLAN TO

16 THE SECRETARY.—Not later than 2 years after the

17 date on which the Commission conducts the first

18 meeting of the Commission, the Commission shall

19 submit to the Secretary a draft Shenandoah Valley

20 National Battlefields Heritage Plan that meets the

21 requirements of subsection (c).

22 (2) PUBLIC REVIEW OF DRAFT HERITAGE

23 PLAN.—Prior to submitting the draft Heritage Plan

24 to the Secretary, the Commission shall ensure

25 that—
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1 (A) the State and any political subdivision

2 of the State that would be affected by the Her3 itage Plan receives notice of the draft Heritage

4 Plan;

5 (B) adequate notice of the draft Heritage

6 Plan is given by publication in the area of the

7 Battlefields; and

8 (C) a public hearing is conducted by the

9 Commission with respect to the draft Heritage

10 Plan.

11 (3) REVIEW OF DRAFT HERITAGE PLAN BY THE

12 SECRETARY.—The Secretary shall review the draft

13 Heritage Plan, and, not later than 90 days after the

14 date on which the draft Heritage Plan is submitted

15 to the Secretary, shall—

16 (A) approve the plan and submit the Plan

17 to Congress for approval; or

18 (B) reject the plan and submit suggestions

19 for modifications to the Commission.

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

21 include—

22 (1) a description of the final boundaries of the

23 Battlefields, including the areas identified as con24 tributing areas and historic core areas, giving special

25 consideration to lands containing the locations of the
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1 battles of Cool Spring, First and Second Kernstown,

2 and Opequon (Third Winchester);

3 (2) a description of appropriate protection,

4 management, uses, and development of the Battle5 fields consistent with the purposes of this Act;

6 (3) the information described in section 12(b)

7 of Public Law 91–383 (16 U.S.C. 1a–7(b));

8 (4) identification of partnerships between the

9 Secretary and other Federal, State, and local gov10 ernments and regional entities, and the private sec11 tor, for the management of the Battlefields and con12 tributing areas;

13 (5) proposed locations for visitor contact and

14 major interpretive facilities, including one interpre15 tive facility in the upper valley and the lower valley

16 vicinities;

17 (6) plans for implementing a continuing pro18 gram of interpretation and visitor education concern19 ing the resources and values of the Battlefields and

20 contributing areas;

21 (7) plans for a uniform valley-wide historical

22 marker and wayside exhibit program, including a

23 provision for marking, with the consent of the

24 owner, historic structures and properties contained

25 in the areas identified in section 101(b) that contrib-
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1 ute to the understanding of the Civil War of the

2 Shenandoah Valley;

3 (8) plans for the management of natural and

4 cultural resources of the Battlefields and contribut5 ing areas, with particular emphasis on the preserva6 tion of historic landscapes and scenes, including a

7 reassessment of the historic integrity of lands within

8 Battlefields every 5 years, or otherwise, as consid9 ered necessary by the Commission; and

10 (9) proposals for future operation of conces11 sions for the Battlefields by locally owned busi12 nesses, certification of Battlefields guides, and a

13 Battlefields-wide interpretive training program.

14 SEC. 103. PARTNERSHIPS AND COOPERATIVE AGREE15 MENTS.

16 (a) IN GENERAL.—

17 (1) AGREEMENTS.—The Secretary may estab18 lish partnerships and enter into cooperative agree19 ments relating to planning, development, use, man20 agement, and interpretation of properties within the

21 Battlefields and contributing areas with other Fed22 eral agencies, State and local subdivisions, and pri23 vate persons to advance the purposes of this Act.

24 (2) HISTORIC MONUMENTS.—Secretary may

25 enter into agreements with the owners of property in
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1 the Battlefields and contributing areas on which his2 toric monuments and tablets commemorating the

3 battles have been erected.

4 (b) MAINTENANCE.—The Secretary may make funds

5 available for the maintenance, protection, and interpreta6 tion of the monuments and tablets pursuant to the agree7 ments.

8 (c) RESTORATION OF PROPERTIES.—Notwithstand9 ing any other provision of law, the Secretary may restore

10 and rehabilitate property within the Battlefields and con11 tributing areas pursuant to partnerships and cooperative

12 agreements without regard to whether title to the property

13 vests with the United States.

14 (d) INTERIM AUTHORITY.—During the period the

15 Heritage Plan is being prepared, the Secretary may enter

16 into agreements described in subsection (a) to advance the

17 purposes of this Act.

18 SEC. 104. GRANT PROGRAM.

19 (a) IN GENERAL.—Within the Battlefields and con20 tributing areas, the Secretary may award grants to prop21 erty owners and governmental entities and provide tech22 nical assistance, information, and advice to promote the

23 use of natural and cultural resources to conserve and

24 maintain the historic character of the area.

25 (b) PLANNING COSTS.—
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1 (1) IN GENERAL.—Subject to paragraph (2)

2 and subsection (d), the Secretary, with the advice of

3 the Commission, may award a grant to a State or

4 local government, or regional planning entity that

5 has jurisdiction over the Battlefields or contributing

6 areas, for the development of comprehensive plans

7 and land use guidelines, regulations, and ordinances

8 that are consistent with conserving the historic char9 acter of the area.

10 (2) GRANT CONDITIONS.—The Secretary may

11 award a grant under this subsection only upon—

12 (A) submission by the local government or

13 regional planning entity of a comprehensive

14 plan, prepared in consultation with the Com15 mission, for the implementation of a strategy

16 designed to protect the historic character of the

17 area; and

18 (B) approval of the strategy by the Sec19 retary.

20 (3) AWARD.—An award under this subsection

21 shall be in an amount not to exceed 90 percent of

22 the planning cost incurred by the entity.

23 (c) IMPLEMENTATION GRANTS.—

24 (1) IN GENERAL.—Subject to subsection (d),

25 the Secretary may award a grant to a State or local
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1 government, or regional entity to implement a pro2 tection plan or strategy approved by the Secretary

3 under subsection (b)(2).

4 (2) SUSPENSION OF GRANTS.—The Secretary,

5 after consulting with the Commission, may suspend

6 the provision of grants under this subsection if the

7 Secretary has withdrawn approval of the protection

8 plan or strategy.

9 (3) REVIEW.—

10 (A) IN GENERAL.—The Commission shall

11 conduct a regular review of approved protection

12 plans and strategies for the purpose of ensuring

13 that the protection plans and strategies con14 tinue to meet the requirements of subsection

15 (a).

16 (B) RECOMMENDATION.—If the Commis17 sion finds that a protection plan or strategy or

18 the implementation of a protection plan or

19 strategy is no longer in accordance with the

20 purposes of this Act, after consultation with the

21 affected governmental entity, the Commission

22 may recommend that the Secretary withdraw

23 approval of the protection plan or strategy.
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1 (d) ADDITIONAL CONDITIONS.—The Secretary may

2 require such terms and conditions as the Secretary deter3 mines are necessary to carry out this Act.

4 TITLE II—SHENANDOAH VALLEY

5 NATIONAL BATTLEFIELDS

6 COMMISSION

7 SEC. 201. ESTABLISHMENT; ADMINISTRATION OF THE COM8 MISSION.

9 (a) ESTABLISHMENT.—There is established the

10 Shenandoah Valley National Battlefields Commission.

11 (b) MEMBERSHIP.—The Commission shall be com12 posed of the following members:

13 (1) 12 members appointed by the Secretary

14 from recommendations made by appropriate local

15 governing bodies, of whom—

16 (A) 2 members shall represent each of the

17 areas in the historic core, including 1 member

18 who is a property owner in the historic core;

19 (B) 1 member shall be a member of a

20 chamber of commerce from a county in which

21 part of the historic core is located; and

22 (C) 1 member shall be a business leader

23 from a county in which part of the historic core

24 is located.
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1 (2) The executive director of the Lord Fairfax

2 Planning District Commission.

3 (3) The executive director of the Central Shen4 andoah Planning District Commission.

5 (4) 2 members who have demonstrated exper6 tise in historic preservation, appointed by the Sec7 retary.

8 (5) 2 members who are recognized historians

9 with expertise in Civil War history, appointed by the

10 Secretary.

11 (6) The executive director or designee from

12 each of the following nonprofit entities that own

13 property within the Battlefields:

14 (A) The National Trust for Historic Pres15 ervation/Belle Grove Incorporated.

16 (B) The Cedar Creek Battlefield Founda17 tion.

18 (C) The New Market Battlefield Park.

19 (D) The Association for the Preservation

20 of Civil War Sites.

21 (E) The Lee Jackson Foundation.

22 (F) The Stonewall Brigade Foundation.

23 (G) The Society of Port Republic Preserva24 tionists.

25 (H) Preservation of Historic Winchester.
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1 (7) The Governor of Virginia, or a designee of

2 the Governor, to serve as an ex officio member of

3 the Commission.

4 (8) The Director of the National Park Service,

5 or a designee of the Director, to serve as an ex

6 officio member of the Commission.

7 (c) OPERATIONS.—

8 (1) APPOINTMENTS.—Members of the Commis9 sion shall be appointed for staggered terms of 3

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

11 the initial appointment. Any member of the Commis12 sion appointed for a definite term may serve after

13 the expiration of the term until the successor of the

14 member is appointed.

15 (2) ELECTION OF OFFICERS.—The Commission

16 shall elect one of the members of the Commission as

17 Chairperson and one as Vice Chairperson. Terms of

18 the Chairperson and Vice Chairperson shall be 2

19 years. The Vice Chairperson shall serve as Chair20 person in the absence of the Chairperson.

21 (3) VACANCY.—Any vacancy on the Commis22 sion shall be filled in the same manner in which the

23 original appointment was made, except that the Sec24 retary, if responsible for the appointment, shall fill
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1 any vacancy within 30 days after the vacancy

2 occurs.

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

5 (5) MEETINGS.—

6 (A) IN GENERAL.—The Commission shall

7 meet not less than quarterly, or at the call of

8 the Chairperson or a majority of the members

9 of the Commission. Notice of meetings and

10 agendas shall be published in local newspapers

11 that have a distribution throughout the Shen12 andoah Valley. Commission meetings shall be

13 held at various locations throughout the Valley

14 and in a manner that ensures adequate public

15 participation.

16 (B) SUBPOENAS.—The Commission may

17 not issue subpoenas or exercise any subpoena

18 authority.

19 (6) EXPENSES.—Members of the Commission

20 shall serve without compensation, but the Secretary

21 may reimburse members for expenses reasonably in22 curred in carrying out the responsibilities of the

23 members under this Act.

24 (7) ADMINISTRATIVE SUPPORT SERVICES.—The

25 Administrator of General Services shall provide to
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1 the Commission, on a reimbursable basis, such ad2 ministrative support services as the Commission may

3 request.

4 (8) MAILS.—The Commission may use the

5 United States mails in the same manner and under

6 the same conditions as other departments and agen7 cies of the United States.

8 (9) GIFTS.—

9 (A) IN GENERAL.—The Commission may,

10 for purposes of carrying out the duties of the

11 Commission, seek, accept, and dispose of gifts,

12 bequests, or donations of money, personal prop13 erty, or services, received from any source.

14 (B) GIFTS.—For the purposes of section

15 170(c) of the Internal Revenue Code of 1954,

16 any gift to the Commission shall be deemed to

17 be a gift to the United States.

18 (d) STAFF.—

19 (1) DIRECTOR.—The Commission shall have a

20 Director who shall be appointed by the Commission

21 and who shall be paid at a rate not to exceed the

22 maximum rate of basic pay for level GS–14 of the

23 General Schedule.

24 (2) STAFF.—The Commission may appoint

25 such additional staff as the Commission considers
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1 appropriate and may pay the staff at rates not to

2 exceed the minimum rate of basic pay for level GS–

3 14 of the General Schedule. The staff may include

4 specialists in areas such as interpretation, historic

5 preservation, recreation, conservation, financing, and

6 fundraising.

7 (3) APPOINTMENTS; COMPENSATION.—Except

8 as otherwise provided in this subsection, the Direc9 tor and staff—

10 (A) shall be appointed by the Secretary;

11 and

12 (B) shall be paid in accordance with the

13 provisions of chapter 51 and subchapter III of

14 chapter 53 of such title relating to classification

15 and General Schedule pay rates.

16 (4) OTHER AGENCIES.—Upon request of the

17 Commission, the head of any Federal agency may

18 detail to the Commission on a reimbursable basis,

19 personnel of the agency to assist the Commission in

20 carrying out the duties of the Commission under

21 section 202.

22 SEC. 202. DUTIES OF THE COMMISSION.

23 (a) DUTIES.—The Commission shall—

24 (1) develop the Heritage Plan in consultation

25 with the National Park Service;
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1 (2) assist the State, any political subdivision of

2 the State, or any nonprofit organization in the im3 plementation, coordination, protection, promotion,

4 and management of the Battlefields resources in the

5 Shenandoah Valley of Virginia;

6 (3) in providing assistance, in no way infringe

7 upon the authorities and policies of the State or any

8 political subdivision of the State concerning the

9 management of the Battlefields and contributing

10 areas property;

11 (4) take appropriate action to encourage herit12 age preservation within the Battlefields and contrib13 uting areas by landowners, local governments, orga14 nizations, and businesses; and

15 (5) cooperate to promote appropriate levels of

16 heritage tourism in the Shenandoah Valley of Vir17 ginia that are compatible with resource protection.

18 (b) MAJOR INTERPRETATIVE FACILITY.—

19 (1) PURCHASE OR LEASE.—The Commission is

20 authorized with the assistance of the General Serv21 ices Administration to purchase or lease a facility

22 within the Battlefields to serve as a headquarters

23 and interpretative facility.
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1 (2) FUNDING.—Any funds made available for

2 the lease or purchase of an interpretative facility

3 may be authorized from the Federal Building Fund.

4 TITLE III—AUTHORIZATION OF

5 APPROPRIATIONS

6 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AUTHORIZATION.—There are authorized to be ap8 propriated—

9 (1) such sums as are necessary to carry out

10 title I; and

11 (2) $250,000 to carry out title II.

12 (b) AVAILABILITY OF FUNDS.—Sums made available

13 under subsection (a) shall remain available until expended.

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