103D CONGRESS

2D SESSION S. 1033

AN ACT

To establish the Shenandoah Valley National Batof Virginia, and for other purposes. tlefields and Commission in the Commonwealth
103D CONGRESS

2D SESSION S. 1033

AN ACT

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 1994’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) there are situated in the Shenandoah Valley

4 in the Commonwealth of Virginia the sites of several

5 key Civil War battles;

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

7 districts in the Shenandoah Valley are collectively of

8 national significance in the history of the Civil War;

9 (3) in 1990 Congress enacted legislation direct10 ing the Secretary of the Interior to prepare a com11 prehensive study of significant sites and structures

12 associated with Civil War battles in the Shenandoah

13 Valley;

14 (4) the study, which was completed in 1992,

15 found that many of the sites within the Shenandoah

16 Valley possess national significance and retain a

17 high degree of historical integrity;

18 (5) the preservation and interpretation of these

19 sites will make a vital contribution to the under20 standing of the heritage of the United States;

21 (6) the preservation of Civil War sites within a

22 regional framework requires cooperation among local

23 property owners and Federal, State, and local gov24 ernment entities; and

25 (7) partnerships between Federal, State, and

26 local governments and their regional entities, and
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1 the private sector offer the most effective opportuni2 ties for the enhancement and management of the

3 Civil War battlefields and related sites in the Shen4 andoah Valley.

5 SEC. 3. PURPOSES.

6 The purposes of this Act are to—

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

8 of the Civil War in the Shenandoah Valley;

9 (2) recognize and interpret important events

10 and geographic locations representing key Civil War

11 battles in the Shenandoah Valley, including those

12 battlefields associated with the Thomas J. (Stone13 wall) Jackson campaign of 1862 and the decisive

14 campaigns of 1864;

15 (3) recognize and interpret the effect of the

16 Civil War on the civilian population of the Shen17 andoah Valley during the war and postwar recon18 struction period; and

19 (4) create partnerships among Federal, State,

20 and local governments and their regional entities,

21 and the private sector to preserve, conserve, enhance

22 and interpret the nationally significant battlefields

23 and related sites associated with the Civil War in the

24 Shenandoah Valley.
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1 SEC. 4. DEFINITIONS.

2 As used in this Act, the term—

3 (1) ‘‘battlefields’’ means the Shenandoah Valley

4 National Battlefields established under section 5;

5 (2) ‘‘Commission’’ means the Shenandoah Val6 ley National Battlefields Commission established in

7 section 9;

8 (3) ‘‘historic core’’ means the area surrounding

9 each unit of the battlefields as depicted on the map

10 referenced in section 5(a) that encompasses impor11 tant components of a conflict and that provides a

12 strategic context and geographic setting for under13 standing the conflict;

14 (4) ‘‘plan’’ means the Shenandoah Valley Na15 tional Battlefields plan approved by the Secretary

16 pursuant to section 6;

17 (5) ‘‘Secretary’’ means the Secretary of the In18 terior; and

19 (6) ‘‘Shenandoah Valley’’ means the Shen20 andoah Valley in the Commonwealth of Virginia.

21 SEC. 5. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

22 (a) ESTABLISHMENT.—(1) To carry out the purposes

23 of this Act, there is hereby established the Shenandoah

24 Valley National Battlefields in the Commonwealth of Vir25 ginia. The battlefields shall consist of approximately 1,863

26 acres of lands and interests therein as generally depicted
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1 on the map entitled ‘‘Shenandoah Valley National Battle2 fields’’, numbered SHVA / 80,000 and dated April 1994,

3 comprising units at Cedar Creek, Cross Keys, Fisher’s

4 Hill, McDowell, New Market, Opequan, Port Republic,

5 Second Kernstown, Second Winchester, and Tom’s Brook.

6 (2) The map referred to in paragraph (1) shall be

7 on file and available for public inspection in the offices

8 of the Commission and in the appropriate offices of the

9 National Park Service.

10 (3) The Secretary may, with the advice of the Com11 mission and following an opportunity for public comment,

12 make minor revisions to the boundaries of the battlefields.

13 (b) ADMINISTRATION.—The Secretary shall admin14 ister the battlefields in accordance with this Act and with

15 provisions of law generally applicable to the National Park

16 System, including the Act approved August 25, 1916 (39

17 Stat. 535; 16 U.S.C. 1, 2–4) and the Act approved August

18 21, 1935 (49 Stat. 666). The Secretary shall protect,

19 manage, and administer the battlefields for the purposes

20 of preserving and interpreting their natural, cultural and

21 historic resources and of providing for public understand22 ing and appreciation of the battlefields in such a manner

23 as to perpetuate these qualities and values for future gen24 erations.
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1 (c) LAND ACQUISITION.—(1) Except as otherwise

2 provided in this subsection, the Secretary is authorized to

3 acquire lands and interests therein within the boundaries

4 of the battlefields by donation, purchase with donated or

5 appropriated funds, or exchange: Provided, That no lands

6 or interests therein may be acquired except with the con7 sent of the owner thereof.

8 (2) Lands or interests therein within the battlefields

9 that are owned by the Commonwealth of Virginia or a po10 litical subdivision thereof, may be acquired only by dona11 tion or exchange.

12 (3) The Secretary may not accept donations of lands

13 or interests therein acquired through condemnation.

14 SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

15 PLAN.

16 (a) IN GENERAL.—The battlefields shall be managed

17 by the Secretary pursuant to this Act and the Shenandoah

18 Valley National Battlefields plan developed by the Com19 mission and approved by the Secretary, as provided in this

20 section.

21 (b) SPECIFIC PROVISIONS.—The plan shall include—

22 (1) recommendations of potential boundary

23 modifications to the battlefields, including modifica24 tions to the boundaries of the historic core of each

25 unit, and the potential addition of new units;
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1 (2) provisions for the management, protection,

2 and interpretation of the natural, cultural, and his3 torical resources of the battlefields, consistent with

4 the purposes of this Act;

5 (3) recommendations to the Commonwealth of

6 Virginia (and political subdivisions thereof) for the

7 management, protection, and interpretation of the

8 natural, cultural, and historical resources of the his9 toric core areas;

10 (4) the information described in section 12(b)

11 of Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertain12 ing to the preparation of general management

13 plans);

14 (5) identification of appropriate partnerships

15 between the Secretary and other Federal, State, and

16 local governments and regional entities, and the pri17 vate sector, in furtherance of the purposes of this

18 Act;

19 (6) proposed locations for visitor contact and

20 major interpretive facilities, including proposals for

21 one interpretive facility in the upper Shenandoah

22 Valley and one in the lower Shenandoah Valley;

23 (7) provisions for implementing a continuing

24 program of interpretation and visitor education con-
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1 cerning the resources and values of the battlefields

2 and historic core areas; and

3 (8) provisions for a uniform valley-wide histori4 cal maker and wayside exhibit program, including a

5 provision for marking, with the consent of the

6 owner, historic structures and properties contained

7 within the historic core areas, as identified on the

8 map referred to in section 5(a), that contribute to

9 the understanding of the battlefields.

10 (c) PREPARATION OF DRAFT PLAN.—(1) Not later

11 than 2 years after the date on which the Commission con12 ducts its first meeting, the Commission shall submit to

13 the Secretary a draft plan that meets the requirements

14 of subsection (b).

15 (2) Prior to submitting the draft plan to the Sec16 retary, the Commission shall ensure that—

17 (A) the Commonwealth of Virginia, and any po18 litical subdivision thereof that would be affected by

19 the plan, receives a copy of the draft plan;

20 (B) adequate notice of the availability of the

21 draft plan is provided through publication in appro22 priate local newspapers in the area of the battle23 fields; and

24 (C) at least one public hearing in the vicinity of

25 the battlefields in the upper Shenandoah Valley and
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1 one public hearing in the vicinity of the battlefields

2 in the lower Shenandoah Valley is conducted by the

3 Commission with respect to the draft plan.

4 (d) REVIEW OF PLAN BY THE SECRETARY.—The

5 Secretary shall review the draft plan, and, not later than

6 90 days after the date on which the draft plan is submit7 ted, shall either—

8 (1) approve the plan; or

9 (2) reject the plan and recommend modifica10 tions to the Commission that would make the plan

11 acceptable.

12 SEC. 7. COOPERATIVE AGREEMENTS.

13 (a) IN GENERAL.—In furtherance of the purposes of

14 this Act, the Secretary may establish partnerships and

15 enter into cooperative agreements concerning lands and

16 interests therein within the battlefields and historic core

17 areas with other Federal, State, or local agencies, and pri18 vate persons and organizations.

19 (b) HISTORIC MONUMENTS.—The Secretary may

20 enter into agreements with the owners of property in the

21 battlefields and historic core areas on which historic

22 monuments and tablets commemorating the battles have

23 been erected prior to the date of enactment of this Act.

24 The Secretary may make funds available for the mainte-
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1 nance, protection, and interpretation of the monuments

2 and tablets pursuant to such agreements.

3 SEC. 8. GRANT PROGRAM.

4 (a) IN GENERAL.—(1) Within the battlefields and

5 historic core areas, the Secretary may award grants and

6 provide technical assistance to property owners to pro7 vided for the preservation and interpretation of the natu8 ral, cultural, and historical resources within the battle9 fields and historic core areas.

10 (2)(A) The Secretary, after consultation with the

11 Commission, may award grants and provide technical as12 sistance to governmental entities to assist with the plan13 ning, development, and implementation of comprehensive

14 plans, land use guidelines, regulations, ordinances or other

15 appropriate documents that are consistent with and de16 signed to protect the historic character of the battlefields

17 and historic core areas.

18 (B) The Commission shall conduct a regular review

19 of approved plans, guidelines, regulations, ordinances, or

20 documents. If the Commission finds that any such plan,

21 guideline, regulation, ordinance, or document or the imple22 mentation thereof is no longer consistent with the protec23 tion of the historic character of the battlefields and his24 toric core areas, after consultation with the affected gov25 ernmental entity, the Commission may recommend that
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1 the Secretary withdraw approval and suspend any grant

2 authority pursuant to this section.

3 (C) The Secretary, after consultation with the Com4 mission, shall suspend any grant awarded under this para5 graph if the Secretary has determined that such plans,

6 guidelines, regulations, ordinances, or documents are

7 modified in a manner that is inconsistent with the protec8 tion of the historic character of the battlefields and his9 toric core areas.

10 (b) COST SHARE.—The Federal share of any grant

11 made under this section shall be matched by non-Federal

12 funds on a one-to-one basis.

13 (c) ADDITIONAL CONDITIONS.—The Secretary may

14 require such additional terms and conditions before

15 awarding any grant as the Secretary determines to be nec16 essary.

17 SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

18 COMMISSION.

19 (a) ESTABLISHMENT.—There is hereby established

20 the Shenandoah Valley National Battlefields Commission.

21 (b) MEMBERSHIP.—The commission shall be com22 posed of 19 members, to be appointed by the Secretary

23 as follows:

24 (1) 5 members representing local governments

25 of communities in the vicinity of the battlefields,
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1 after considering recommendations made by appro2 priate local governing bodies.

3 (2) 10 members representing property owners

4 within the battlefields or historic core areas (1 mem5 ber within each unit).

6 (3) 1 member with demonstrated expertise in

7 historic preservation.

8 (4) 1 member who is a recognized historian

9 with expertise in Civil War history.

10 (5) The Governor of Virginia, or a designee of

11 the Governor, ex officio.

12 (6) The Director of the National Park Service,

13 or a designee of the Director, ex officio.

14 (c) APPOINTMENTS.—Members of the Commission

15 shall be appointed for staggered terms of 3 years, as des16 ignated by the Secretary at the time of the initial appoint17 ment. Any member of the Commission appointed for a

18 definite term may serve after the expiration of the term

19 until the successor of the member is appointed.

20 (d) ELECTION OF OFFICERS.—The Commission shall

21 elect one of its members as Chairperson and one as Vice

22 Chairperson. Terms of the Chairperson and Vice Chair23 person shall be 2 years. The Vice Chairperson shall serve

24 as Chairperson in the absence of the Chairperson.
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1 (e) VACANCY.—Any vacancy on the Commission shall

2 be filled in the same manner in which the original appoint3 ment was made, except that the Secretary shall fill any

4 vacancy within 30 days after the vacancy occurs.

5 (f) QUORUM.—A majority of the Commission shall

6 constitute a quorum.

7 (g) MEETINGS.—The Commission shall meet not less

8 than quarterly, or at the call of the Chairperson or a ma9 jority of the members of the Commission. Notice of meet10 ings and agendas shall be published in local newspapers

11 that have a distribution throughout the Shenandoah Val12 ley. Commission meetings shall be held at various locations

13 throughout the Shenandoah Valley and in a manner that

14 ensures adequate public participation.

15 (h) STAFF OF THE COMMISSION.—The Commission

16 shall have the power to appoint and fix the compensation

17 of such staff as may be necessary to carry out its duties.

18 (i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad19 ministrator of the General Services Administration shall

20 provide to the Commission, on a reimbursable basis, such

21 administrative support services as the Commission may re22 quest.

23 (j) FEDERAL AGENCIES.—Upon request of the Com24 mission, the head of any Federal agency may detail to the
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1 Commission, on a reimbursable basis, personnel of the

2 agency to assist the Commission in carrying out its duties.

3 (k) SUBPOENAS.—The Commission may not issue

4 subpoenas or exercise any subpoena authority.

5 (l) EXPENSES.—Members of the Commission shall

6 serve without compensation, but the Secretary may reim7 burse members for expenses reasonably incurred in carry8 ing out the responsibilities of the Commission under this

9 Act.

10 (m) MAILS.—The Commission may use the United

11 States mails in the same manner and under the same con12 ditions as other departments and agencies of the United

13 States.

14 (n) GIFTS.—The Commission may, for purposes of

15 carrying out the duties of the Commission, seek, accept,

16 and dispose of gifts, bequests, or donations of money, per17 sonal property, or services, received from any source.

18 SEC. 10. DUTIES OF THE COMMISSION.

19 The Commission shall—

20 (1) develop the plan referred to in section 6, in

21 consultation with the Secretary;

22 (2) advise the Secretary on the administration

23 of the battlefields;

24 (3) assist the Commonwealth of Virginia, or

25 any political subdivision thereof, or any nonprofit or-
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1 ganization, in the management, protection, and in2 terpretation of the natural, cultural and historical

3 resources within the historic core areas: Provided,

4 however, That the Commission shall in no way in5 fringe upon the authorities and policies of the Com6 monwealth of Virginia or any political subdivision

7 thereof; and

8 (4) take appropriate action to encourage protec9 tion of the natural, cultural, and historic resources

10 within the battlefields and historic core areas by

11 landowners, local governments, organizations, and

12 businesses.

13 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

14 (a) AUTHORIZATION.—There are authorized to be ap15 propriated such sums as are necessary to carry out this

16 Act, except that no more than $250,000 may be appro17 priated for the establishment and operation of the Com18 mission.
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1 (b) AVAILABILITY OF FUNDS.—Funds made avail2 able under subsection (a) shall remain available until ex3 pended.

Passed the Senate June 8 (legislative day, June 7),

1994.

Attest:

Secretary.
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