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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shenandoah Valley National 
Battlefields Partnership Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are situated in the Shenandoah Valley in the 
        Commonwealth of Virginia the sites of Civil War battles;
            (2) certain sites, battlefields, structures, and districts 
        in the Shenandoah Valley are collectively of national 
        significance in the history of the American Civil War;
            (3) the National Park Service has assessed the suitability 
        and feasibility of recognizing Shenandoah Valley battlefield 
        sites and affiliating these sites with the National Park 
        System, and has found that these sites possess national 
        significance and a high degree of historical integrity;
            (4) the preservation and interpretation of these sites, 
        battlefields, structures, and districts can make a vital 
        contribution to the understanding of the heritage of the United 
        States;
            (5) the goal of preserving Civil War sites within a 
        regional framework is to promote cooperation among local 
        property owners and Federal, State, and local government 
        entities that seek to promote the preservation of sites and 
        places significant to the history of the Nation; and
            (6) partnerships between Federal, State, and local 
        governments and their regional entities, and the private 
        sector--
                    (A) offer the most effective opportunities for the 
                enhancement and management of the Civil War 
                battlefields and related sites in the Shenandoah 
                Valley; and
                    (B) are best fostered through establishment of a 
                regionwide Commission.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) preserve, conserve, and interpret the legacy of the 
        Civil War in the Shenandoah Valley of Virginia;
            (2) recognize and interpret important events and geographic 
        locations in the conduct of the Civil War in the Shenandoah 
        Valley of Virginia, including those battlefields associated 
        with the Thomas J. (Stonewall) Jackson Campaign of 1862 and the 
        decisive campaigns of 1864;
            (3) recognize and interpret the effect of war on the 
        civilian population of the Valley during the war and the 
        postwar reconstruction period;
            (4) create partnerships among Federal, State, and local 
        governments and their regional entities, and the private sector 
        to preserve, conserve, enhance, and interpret the nationally 
        significant battlefields and related sites associated with the 
        Civil War in the Shenandoah Valley; and
            (5) establish and maintain a geographic database and 
        information system that can be used to locate, track, and cross 
        reference significant historical and cultural properties, 
        structures, and markers.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Battlefields.--The term ``Battlefields'' means the 
        Shenandoah Valley National Battlefields established under 
        section 101.
            (2) Commission.--The term ``Commission'' means the 
        Shenandoah Valley National Battlefields Commission established 
        under title II.
            (3) Contributing areas.--The term ``contributing areas'' 
        means those areas identified in the National Park Service 
        study, ``Civil War Sites in the Shenandoah Valley of 
        Virginia'', that encompass all important components of a 
        conflict that provide a strategic context and geographic 
        setting for understanding the conflict.
            (4) Heritage plan.--The term ``Heritage Plan'' means the 
        Shenandoah Valley National Heritage Plan approved pursuant to 
        section 102.
            (5) Historic core.--The term ``historic core'' means areas 
        identified in the National Park Service study, ``Civil War 
        Sites in the Shenandoah Valley of Virginia'', containing sites 
        of confrontation deployment, heaviest fighting, and most severe 
        casualties.
            (6) Major interpretative facility.--The term ``major 
        interpretative facility'' means a year-round staffed facility 
        that may serve as the headquarters for the Commission, provides 
        an orientation to the Battlefields, and, through interpretive 
        exhibits and media, communicates to the public the story of the 
        Civil War in the Shenandoah Valley of Virginia.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

            TITLE I--SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

SEC. 101. ESTABLISHMENT OF THE SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

    (a) Establishment.--To carry out the purpose of this Act, there is 
established the Shenandoah Valley National Battlefields.
    (b) Boundaries.--
            (1) In general.--The Battlefields shall consist of 
        approximately 1,140 acres as generally depicted on the map 
        entitled ``Shenandoah Valley National Battlefields'', numbered 
        __________ and dated ________________________, located in the 
        counties of Frederick, Highland, Rockingham, Shenandoah, and in 
        the city of Winchester, Virginia.
            (2) Availability of map.--The map shall be on file and 
        available for public inspection in the offices of the 
        Commission and in the offices of the National Park Service.
            (3) Revisions.--The Secretary may, with the advice of the 
        Commission and following an opportunity for public comment and 
        timely notice to the Committee on Energy and Natural Resources 
        of the Senate and to the Committee on Natural Resources of the 
        House of Representatives, make minor revisions to the 
        boundaries of the Battlefields. Any revision shall take effect 
        upon publication by the Secretary in the Federal Register of a 
        revised boundary map or other description.
    (c) Administration.--The Secretary, acting through the Director of 
the National Park Service, shall manage the Battlefields in accordance 
with this Act and the provisions of law generally applicable to the 
National Park System, including the Act of August 25, 1916 (39 Stat. 
535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat. 
666). The Secretary shall protect, manage, and administer the 
Battlefields for the purposes of preserving and interpreting the 
cultural and natural resources of the historic site and providing for 
the public understanding and appreciation of the Battlefields in such a 
manner as to perpetuate these qualities and values for future 
generations.
    (d) Acquisition.--
            (1) In general.--Subject to paragraph (2), the Secretary is 
        authorized to acquire lands and interests in lands with the 
        consent of the landowner--
                    (A) within the Battlefields, by donation, purchase 
                with donated or appropriated funds, or exchange, only 
                with the consent of the landowners; and
                    (B) within the boundaries of the contributing 
                areas, by donation or exchange pursuant to the Heritage 
                Plan.
            (2) Limitations on authority.--
                    (A) State or local land.--Lands, and interests in 
                lands, within the Battlefields or contributing areas, 
                that are owned by a State, county, or municipal entity, 
                or any political subdivision of the entity, may be 
                acquired only by donation or exchange.
                    (B) Condemned land.--The Secretary may not accept 
                lands acquired by the State through condemnation.

SEC. 102. ESTABLISHMENT OF THE SHENANDOAH VALLEY NATIONAL BATTLEFIELDS 
              HERITAGE PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary, with the advice of the Commission, shall 
transmit to Congress for approval a Shenandoah Valley National 
Battlefields Heritage Plan that meets the requirements of subsection 
(c).
    (b) Preparation and Approval of the Heritage Plan.--
            (1) Submission of draft heritage plan to the secretary.--
        Not later than 2 years after the date on which the Commission 
        conducts the first meeting of the Commission, the Commission 
        shall submit to the Secretary a draft Shenandoah Valley 
        National Battlefields Heritage Plan that meets the requirements 
        of subsection (c).
            (2) Public review of draft heritage plan.--Prior to 
        submitting the draft Heritage Plan to the Secretary, the 
        Commission shall ensure that--
                    (A) the State and any political subdivision of the 
                State that would be affected by the Heritage Plan 
                receives notice of the draft Heritage Plan;
                    (B) adequate notice of the draft Heritage Plan is 
                given by publication in the area of the Battlefields; 
                and
                    (C) a public hearing is conducted by the Commission 
                with respect to the draft Heritage Plan.
            (3) Review of draft heritage plan by the secretary.--The 
        Secretary shall review the draft Heritage Plan, and, not later 
        than 90 days after the date on which the draft Heritage Plan is 
        submitted to the Secretary, shall--
                    (A) approve the plan and submit the Plan to 
                Congress for approval; or
                    (B) reject the plan and submit suggestions for 
                modifications to the Commission.
    (c) Specific Provisions.--The Heritage Plan shall include--
            (1) a description of the final boundaries of the 
        Battlefields, including the areas identified as contributing 
        areas and historic core areas, giving special consideration to 
        lands containing the locations of the battles of Cool Spring, 
        First and Second Kernstown, and Opequon (Third Winchester);
            (2) a description of appropriate protection, management, 
        uses, and development of the Battlefields consistent with the 
        purposes of this Act;
            (3) the information described in section 12(b) of Public 
        Law 91-383 (16 U.S.C. 1a-7(b));
            (4) identification of partnerships between the Secretary 
        and other Federal, State, and local governments and regional 
        entities, and the private sector, for the management of the 
        Battlefields and contributing areas;
            (5) proposed locations for visitor contact and major 
        interpretive facilities, including one interpretive facility in 
        the upper valley and the lower valley vicinities;
            (6) plans for implementing a continuing program of 
        interpretation and visitor education concerning the resources 
        and values of the Battlefields and contributing areas;
            (7) plans for a uniform valley-wide historical marker and 
        wayside exhibit program, including a provision for marking, 
        with the consent of the owner, historic structures and 
        properties contained in the areas identified in section 101(b) 
        that contribute to the understanding of the Civil War of the 
        Shenandoah Valley;
            (8) plans for the management of natural and cultural 
        resources of the Battlefields and contributing areas, with 
        particular emphasis on the preservation of historic landscapes 
        and scenes, including a reassessment of the historic integrity 
        of lands within Battlefields every 5 years, or otherwise, as 
        considered necessary by the Commission; and
            (9) proposals for future operation of concessions for the 
        Battlefields by locally owned businesses, certification of 
        Battlefields guides, and a Battlefields-wide interpretive 
        training program.

SEC. 103. PARTNERSHIPS AND COOPERATIVE AGREEMENTS.

    (a) In General.--
            (1) Agreements.--The Secretary may establish partnerships 
        and enter into cooperative agreements relating to planning, 
        development, use, management, and interpretation of properties 
        within the Battlefields and contributing areas with other 
        Federal agencies, State and local subdivisions, and private 
        persons to advance the purposes of this Act.
            (2) Historic monuments.--Secretary may enter into 
        agreements with the owners of property in the Battlefields and 
        contributing areas on which historic monuments and tablets 
        commemorating the battles have been erected.
    (b) Maintenance.--The Secretary may make funds available for the 
maintenance, protection, and interpretation of the monuments and 
tablets pursuant to the agreements.
    (c) Restoration of Properties.--Notwithstanding any other provision 
of law, the Secretary may restore and rehabilitate property within the 
Battlefields and contributing areas pursuant to partnerships and 
cooperative agreements without regard to whether title to the property 
vests with the United States.
    (d) Interim Authority.--During the period the Heritage Plan is 
being prepared, the Secretary may enter into agreements described in 
subsection (a) to advance the purposes of this Act.

SEC. 104. GRANT PROGRAM.

    (a) In General.--Within the Battlefields and contributing areas, 
the Secretary may award grants to property owners and governmental 
entities and provide technical assistance, information, and advice to 
promote the use of natural and cultural resources to conserve and 
maintain the historic character of the area.
    (b) Planning Costs.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (d), the Secretary, with the advice of the Commission, may 
        award a grant to a State or local government, or regional 
        planning entity that has jurisdiction over the Battlefields or 
        contributing areas, for the development of comprehensive plans 
        and land use guidelines, regulations, and ordinances that are 
        consistent with conserving the historic character of the area.
            (2) Grant conditions.--The Secretary may award a grant 
        under this subsection only upon--
                    (A) submission by the local government or regional 
                planning entity of a comprehensive plan, prepared in 
                consultation with the Commission, for the 
                implementation of a strategy designed to protect the 
                historic character of the area; and
                    (B) approval of the strategy by the Secretary.
            (3) Award.--An award under this subsection shall be in an 
        amount not to exceed 90 percent of the planning cost incurred 
        by the entity.
    (c) Implementation grants.--
            (1) In general.--Subject to subsection (d), the Secretary 
        may award a grant to a State or local government, or regional 
        entity to implement a protection plan or strategy approved by 
        the Secretary under subsection (b)(2).
            (2) Suspension of grants.--The Secretary, after consulting 
        with the Commission, may suspend the provision of grants under 
        this subsection if the Secretary has withdrawn approval of the 
        protection plan or strategy.
            (3) Review.--
                    (A) In general.--The Commission shall conduct a 
                regular review of approved protection plans and 
                strategies for the purpose of ensuring that the 
                protection plans and strategies continue to meet the 
                requirements of subsection (a).
                    (B) Recommendation.--If the Commission finds that a 
                protection plan or strategy or the implementation of a 
                protection plan or strategy is no longer in accordance 
                with the purposes of this Act, after consultation with 
                the affected governmental entity, the Commission may 
                recommend that the Secretary withdraw approval of the 
                protection plan or strategy.
    (d) Additional Conditions.--The Secretary may require such terms 
and conditions as the Secretary determines are necessary to carry out 
this Act.

      TITLE II--SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION

SEC. 201. ESTABLISHMENT; ADMINISTRATION OF THE COMMISSION.

    (a) Establishment.--There is established the Shenandoah Valley 
National Battlefields Commission.
    (b) Membership.--The Commission shall be composed of the following 
members:
            (1) 12 members appointed by the Secretary from 
        recommendations made by appropriate local governing bodies, of 
        whom--
                    (A) 2 members shall represent each of the areas in 
                the historic core, including 1 member who is a property 
                owner in the historic core;
                    (B) 1 member shall be a member of a chamber of 
                commerce from a county in which part of the historic 
                core is located; and
                    (C) 1 member shall be a business leader from a 
                county in which part of the historic core is located.
            (2) The executive director of the Lord Fairfax Planning 
        District Commission.
            (3) The executive director of the Central Shenandoah 
        Planning District Commission.
            (4) 2 members who have demonstrated expertise in historic 
        preservation, appointed by the Secretary.
            (5) 2 members who are recognized historians with expertise 
        in Civil War history, appointed by the Secretary.
            (6) The executive director or designee from each of the 
        following nonprofit entities that own property within the 
        Battlefields:
                    (A) The National Trust for Historic Preservation/
                Belle Grove Incorporated.
                    (B) The Cedar Creek Battlefield Foundation.
                    (C) The New Market Battlefield Park.
                    (D) The Association for the Preservation of Civil 
                War Sites.
                    (E) The Lee Jackson Foundation.
                    (F) The Stonewall Brigade Foundation.
                    (G) The Society of Port Republic Preservationists.
                    (H) Preservation of Historic Winchester.
            (7) The Governor of Virginia, or a designee of the 
        Governor, to serve as an ex officio member of the Commission.
            (8) The Director of the National Park Service, or a 
        designee of the Director, to serve as an ex officio member of 
        the Commission.
    (c) Operations.--
            (1) Appointments.--Members of the Commission shall be 
        appointed for staggered terms of 3 years, as designated by the 
        Secretary at the time of the initial appointment. Any member of 
        the Commission appointed for a definite term may serve after 
        the expiration of the term until the successor of the member is 
        appointed.
            (2) Election of officers.--The Commission shall elect one 
        of the members of the Commission as Chairperson and one as Vice 
        Chairperson. Terms of the Chairperson and Vice Chairperson 
        shall be 2 years. The Vice Chairperson shall serve as 
        Chairperson in the absence of the Chairperson.
            (3) Vacancy.--Any vacancy on the Commission shall be filled 
        in the same manner in which the original appointment was made, 
        except that the Secretary, if responsible for the appointment, 
        shall fill any vacancy within 30 days after the vacancy occurs.
            (4) Quorum.--Eleven members of the Commission shall 
        constitute a quorum.
            (5) Meetings.--
                    (A) In general.--The Commission shall meet not less 
                than quarterly, or at the call of the Chairperson or a 
                majority of the members of the Commission. Notice of 
                meetings and agendas shall be published in local 
                newspapers that have a distribution throughout the 
                Shenandoah Valley. Commission meetings shall be held at 
                various locations throughout the Valley and in a manner 
                that ensures adequate public participation.
                    (B) Subpoenas.--The Commission may not issue 
                subpoenas or exercise any subpoena authority.
            (6) Expenses.--Members of the Commission shall serve 
        without compensation, but the Secretary may reimburse members 
        for expenses reasonably incurred in carrying out the 
        responsibilities of the members under this Act.
            (7) Administrative support services.--The Administrator of 
        General Services shall provide to the Commission, on a 
        reimbursable basis, such administrative support services as the 
        Commission may request.
            (8) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (9) Gifts.--
                    (A) In general.--The Commission may, for purposes 
                of carrying out the duties of the Commission, seek, 
                accept, and dispose of gifts, bequests, or donations of 
                money, personal property, or services, received from 
                any source.
                    (B) Gifts.--For the purposes of section 170(c) of 
                the Internal Revenue Code of 1954, any gift to the 
                Commission shall be deemed to be a gift to the United 
                States.
    (d) Staff.--
            (1) Director.--The Commission shall have a Director who 
        shall be appointed by the Commission and who shall be paid at a 
        rate not to exceed the maximum rate of basic pay for level GS-
        14 of the General Schedule.
            (2) Staff.--The Commission may appoint such additional 
        staff as the Commission considers appropriate and may pay the 
        staff at rates not to exceed the minimum rate of basic pay for 
        level GS-14 of the General Schedule. The staff may include 
        specialists in areas such as interpretation, historic 
        preservation, recreation, conservation, financing, and 
        fundraising.
            (3) Appointments; compensation.--Except as otherwise 
        provided in this subsection, the Director and staff--
                    (A) shall be appointed by the Secretary; and
                    (B) shall be paid in accordance with the provisions 
                of chapter 51 and subchapter III of chapter 53 of such 
                title relating to classification and General Schedule 
                pay rates.
            (4) Other agencies.--Upon request of the Commission, the 
        head of any Federal agency may detail to the Commission on a 
        reimbursable basis, personnel of the agency to assist the 
        Commission in carrying out the duties of the Commission under 
        section 202.

SEC. 202. DUTIES OF THE COMMISSION.

    (a) Duties.--The Commission shall--
            (1) develop the Heritage Plan in consultation with the 
        National Park Service;
            (2) assist the State, any political subdivision of the 
        State, or any nonprofit organization in the implementation, 
        coordination, protection, promotion, and management of the 
        Battlefields resources in the Shenandoah Valley of Virginia;
            (3) in providing assistance, in no way infringe upon the 
        authorities and policies of the State or any political 
        subdivision of the State concerning the management of the 
        Battlefields and contributing areas property;
            (4) take appropriate action to encourage heritage 
        preservation within the Battlefields and contributing areas by 
        landowners, local governments, organizations, and businesses; 
        and
            (5) cooperate to promote appropriate levels of heritage 
        tourism in the Shenandoah Valley of Virginia that are 
        compatible with resource protection.
    (b) Major Interpretative Facility.--
            (1) Purchase or lease.--The Commission is authorized with 
        the assistance of the General Services Administration to 
        purchase or lease a facility within the Battlefields to serve 
        as a headquarters and interpretative facility.
            (2) Funding.--Any funds made available for the lease or 
        purchase of an interpretative facility may be authorized from 
        the Federal Building Fund.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated--
            (1) such sums as are necessary to carry out title I; and
            (2) $250,000 to carry out title II.
    (b) Availability of Funds.--Sums made available under subsection 
(a) shall remain available until expended.

                                 <all>

S 1033 IS----2
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