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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5023 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5023

 To designate the Civil War Defenses of Washington National Historical 
     Park comprised of certain National Park System lands, and by 
 affiliation and cooperative agreements other historically significant 
resources, located in the District of Columbia, Virginia, and Maryland, 
 that were part of the Civil War defenses of Washington and related to 
  the Shenandoah Valley Campaign of 1864, to study ways in which the 
    Civil War history of both the North and South can be assembled, 
  arrayed, and conveyed for the benefit of the public, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2018

  Ms. Norton introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To designate the Civil War Defenses of Washington National Historical 
     Park comprised of certain National Park System lands, and by 
 affiliation and cooperative agreements other historically significant 
resources, located in the District of Columbia, Virginia, and Maryland, 
 that were part of the Civil War defenses of Washington and related to 
  the Shenandoah Valley Campaign of 1864, to study ways in which the 
    Civil War history of both the North and South can be assembled, 
  arrayed, and conveyed for the benefit of the public, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Civil War Defenses 
of Washington National Historical Park Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Redesignation.
Sec. 4. Areas included in Civil War Defenses of Washington National 
                            Historical Park.
Sec. 5. Possible inclusion of additional areas.
Sec. 6. National Civil War History Education Center Report.
Sec. 7. Administration.
Sec. 8. Definitions.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds and declares as follows:
            (1) It is fitting and helpful for Americans to remember the 
        Civil War, 1861-1865, and to reflect upon, and learn from, the 
        storied history, valor, heartbreak, and suffering of both sides 
        in this tragic war that so divided and scarred the young 
        Nation, but that also served as a crucible for the Nation to 
        secure itself as the United States and preserve the Union, 
        abolish the injustice of slavery, and become the beacon of hope 
        as a democracy that it has become for the world.
            (2) The significance of the Civil War to the future of the 
        United States is incalculable. The war's lessons and meaning to 
        the history of the United States, what it stands for, and its 
        place in the world today must be remembered and conveyed to 
        future generations. The war pitted family against family, 
        brother against brother, friend against friend, Blue against 
        Gray. Its battlegrounds were consecrated with blood that was 
        shed by many who gave their last full measure of devotion. The 
        reunited democracy that emerged, after such a heavy loss of 
        life on both sides and the difficult decades of healing that 
        followed, made the United States stronger. It helped the Nation 
        advance toward achieving the inalienable rights and noble goals 
        and values its founders sought, but had not fully achieved, in 
        their lifetimes.
            (3) The defenses of Washington played a key role in the 
        outcome of the Civil War. They were constructed at the 
        beginning of the war in 1861 as a ring of fortifications in the 
        District of Columbia, Maryland, and northern Virginia, to 
        protect the Nation's capital. By the end of the war, these 
        defenses included 68 forts, 93 unarmed batteries, 807 mounted 
        cannon, 13 miles of rifle trenches, and 32 miles of military 
        roads.
            (4) The major test of the Civil War defenses of Washington 
        came with the Shenandoah Valley Campaign of 1864 when 
        Confederate Lieutenant General Jubal Early marched from 
        Richmond to Lynchburg, Virginia, and through the Shenandoah 
        Valley to Harpers Ferry, West Virginia, and Frederick, 
        Maryland. His major objective, as directed to him by General 
        Robert E. Lee, was to attack the Nation's capital from the 
        north, causing Union Forces to be withdrawn from threatening 
        Richmond, the capital of the Confederacy. He was delayed by 
        Union Major General Lew Wallace at the Battle of Monocacy on 
        July 9, 1864, and was stopped at the northern edge of the 
        District of Columbia at the Battle of Fort Stevens on July 11-
        12, 1864. The Shenandoah Valley Campaign ended when Union 
        Lieutenant General Philip Sheridan defeated General Early at 
        the Battle of Cedar Creek, Virginia, on October 19, 1864.
            (5) The Battle of Fort Stevens was the second and last 
        attempt by the Confederate Army to attack Washington. The first 
        major effort to surround or capture the Nation's capital ended 
        at Gettysburg in July 1863. After that historic battle, in his 
        address at Gettysburg Cemetery on November 19, 1863, President 
        Abraham Lincoln redefined what was at stake: ``a new nation, 
        conceived in liberty, and dedicated to the proposition that all 
        men are created equal . . . that this nation, under God, shall 
        have a new birth of freedom--and that government of the people, 
        by the people, and for the people shall not perish from the 
        earth.''.
            (6) The Battle of Fort Stevens was the only verifiable time 
        that a sitting United States President (Abraham Lincoln) came 
        under hostile fire during a battle while in office. Nearly all 
        the individual forts in the defenses of Washington (on both 
        sides of the Potomac and Anacostia Rivers) were involved in 
        stopping General Early's attack. Had that one battle at the 
        very edge of Washington been lost, the Nation's capital, the 
        Presidency, the Union Government, and emancipation all would 
        have been potentially lost and the history of the United States 
        dramatically changed. The victory at Fort Stevens not only 
        saved the city and the national government, but also led to the 
        October 1864 victories for the Union in the Shenandoah Valley, 
        which ensured Lincoln's re-election and preservation of the 
        Union at that critical moment.
            (7) After the end of the war, most of the Civil War 
        defenses of Washington were returned to private land owners, 
        but many were retained by the military or the lands were 
        repurchased later by the United States. Of the remaining 
        fortifications in public ownership, 19 sites (including 
        Battleground Cemetery) are owned by the Federal Government and 
        managed by the National Park Service, four are owned by local 
        units of government in northern Virginia, and one is owned by 
        Montgomery County, Maryland.
            (8) In 1902, the Senate McMillan Commission issued a Report 
        on the Improvement of the Park System of Washington (U.S. 
        Senate Committee on the District of Columbia, Senate Report No. 
        166, 57th Congress, 1st Session). The Report called for 
        development of a ``Fort Drive'' to connect the Civil War 
        defenses of Washington in the Nation's capital. Congress 
        appropriated funds to purchase lands for the Fort Drive during 
        the 1930s, but it was never fully completed.
            (9) Most of the remaining Civil War defenses of Washington 
        contain significant natural and recreational resources, and 
        some offer sweeping vistas overlooking the Nation's capital. 
        With the lands acquired for the Fort Drive, they provide a 
        linkage of urban green spaces that contribute to the history, 
        character, and scenic values of the Nation's capital and offer 
        educational and recreational opportunities along with their 
        natural and important historical values.
            (10) Sites associated with the Civil War defenses of 
        Washington that are in Federal ownership within the District of 
        Columbia, the Commonwealth of Virginia, and the State of 
        Maryland are managed under three separate units of the National 
        Park Service (Rock Creek Park, National Capital Parks-East, and 
        the George Washington Memorial Parkway). Action by Congress is 
        needed to protect and aid the educational benefits of the 
        unique place in history of these sites through proper 
        management, stabilization, maintenance, development, use, and, 
        importantly, interpretation.
            (11) It is fitting and proper that, as Americans reflect 
        upon the legacy of the Civil War, we more fully understand and 
        appreciate the roles of the battles in the District of 
        Columbia, Virginia, West Virginia, and Maryland related to the 
        defenses of Washington. Taken together, these battles were 
        pivotal to the outcome of the war and therefore to its impact 
        on the promise of the United States. It is therefore in the 
        national interest that these historically important sites and 
        resources be protected from further damage or loss and that 
        they be preserved, enhanced, and interpreted for the use, 
        enjoyment, and education of present and future generations.
            (12) There is a genuine need and compelling reason for the 
        United States to rededicate itself to and honor the vision and 
        ideals of democracy as reflected in the Constitution by 
        commemorating and interpreting through this National Historical 
        Park the epic story of the American Civil War and the profound 
        and lasting impact of the war on the values, capabilities, and 
        strengths that the United States reflects through the ideals 
        that it stands for in the world today.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect, preserve, enhance, and interpret for the 
        benefit and use of present and future generations the cultural, 
        historical, natural, and recreational resources of the Civil 
        War defenses of Washington located in the District of Columbia, 
        Virginia, and Maryland; and
            (2) to study and consider creative and cost-effective ways 
        that the storied history of the Civil War, including the 
        defenses of Washington and the Shenandoah Valley Campaign of 
        1864, can be assembled, arrayed, and effectively conveyed to 
        and for the benefit of the public.

SEC. 3. REDESIGNATION.

    The Civil War defenses of Washington are hereby redesignated as the 
Civil War Defenses of Washington National Historical Park.

SEC. 4. AREAS INCLUDED IN CIVIL WAR DEFENSES OF WASHINGTON NATIONAL 
              HISTORICAL PARK.

    (a) Areas Under the Administration of the National Park Service.--
The National Historical Park shall include all areas associated with 
the Civil War defenses of Washington that are currently owned by the 
Federal Government and under the administration of the National Park 
Service, each as depicted on appropriate maps maintained by the 
Secretary of the Interior, including the following:
            (1) The following fortifications and associated lands:
                    (A) Battery Kemble.
                    (B) Fort Bayard.
                    (C) Fort Bunker Hill.
                    (D) Fort Carroll.
                    (E) Fort Chaplin.
                    (F) Fort Davis.
                    (G) Fort DeRussy.
                    (H) Fort Dupont.
                    (I) Fort Foote.
                    (J) Fort Greble.
                    (K) Fort Mahan.
                    (L) Fort Marcy.
                    (M) Fort Reno.
                    (N) Fort Ricketts.
                    (O) Fort Slocum.
                    (P) Fort Stanton.
                    (Q) Fort Stevens.
                    (R) Fort Totten.
            (2) The following affiliated National Park Areas:
                    (A) Fort Circle Drive.
                    (B) Battleground National Cemetery.
                    (C) Fort Washington.
                    (D) Oxon Cove Park and Oxon Hill Farm.
    (b) Potential Affiliation of Eligible Areas Owned by Local 
Governments.--Any site associated with the Civil War defenses of 
Washington that is owned by a unit of local government in Virginia, 
Maryland, or the District of Columbia, may become affiliated with the 
National Historical Park pursuant to a cooperative agreement entered 
into between the unit of local government concerned and the Secretary, 
including the following:
            (1) In Virginia:
                    (A) Fort Ward, City of Alexandria.
                    (B) Fort C.F. Smith, Arlington County.
                    (C) Fort Ethan Allen, Arlington County.
                    (D) Fort Willard, Fairfax County.
            (2) In Maryland: Battery Bailey, Montgomery County.

SEC. 5. POSSIBLE INCLUSION OF ADDITIONAL AREAS.

    (a) Affiliation Authority.--Any site associated with the Civil War 
defenses of Washington that is owned by a private individual or 
organization or a unit of local government in the District of Columbia, 
Virginia, or Maryland, other than those listed in section 4, that the 
Secretary determines is eligible for affiliation with the National 
Historical Park, may be affiliated with the National Historical Park 
pursuant to a cooperative agreement entered into between the site owner 
and the Secretary. The Secretary may purchase such properties from 
willing sellers, subject to the availability of private sector donated 
funding or appropriations.
    (b) Consent Required.--No non-Federal property may be included in 
the National Historical Park without the written consent of the owner 
of the property.
    (c) Prohibition on Use of Condemnation.--The Secretary may not 
acquire by condemnation any land or interest in land under this Act or 
for the purposes of this Act.
    (d) Consultation and Public Participation.--The Secretary shall 
consult with interested officials of State governments and units of 
local government, representatives of interested organizations, and 
interested members of the public before executing a cooperative 
agreement under this section or section 7(d).

SEC. 6. NATIONAL CIVIL WAR HISTORY EDUCATION CENTER REPORT.

    (a) In General.--In furtherance of and consistent with section 2, 
the Secretary shall study and consider creative and cost-effective ways 
to facilitate the storied history of the Civil War for both the North 
and the South, including the history of the defenses of Washington and 
the Shenandoah Valley Campaign of 1864, being assembled, arrayed, and 
conveyed for the benefit of the public for the knowledge, education, 
and inspiration of this and future generations about the impact of that 
war on the United States and its fledgling democracy, abolition of 
slavery, free enterprise economic system, culture, art, music, and 
national security capabilities.
    (b) Assistance.--In conducting the study, the Secretary shall seek 
and coordinate the assistance of a wide array of expertise of 
individuals and organizations regarding Civil War history, potential 
locations where this storied history may be shared, including adaptive 
reuse of existing structures, and donated funding resources to help 
facilitate carrying out this section.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit a report with 
recommendations regarding the study required by subsection (a) to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate.

SEC. 7. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the National 
Historical Park in accordance with this Act and the laws generally 
applicable to units of the National Park System.
    (b) Technical Assistance.--The Secretary may provide technical 
assistance to local governments and private individuals and 
organizations for the management, interpretation, and preservation of 
historically significant resources associated with the Civil War 
defenses of Washington.
    (c) Donations.--The Secretary may accept, hold, administer, and use 
gifts, bequests, devises, and other donations, including labor and 
services, for purposes of this Act, including preserving or providing 
access to sites and other resources relating to the Civil War defenses 
of Washington.
    (d) Other Cooperative Agreements.--In addition to the authority 
provided by section 5(a), the Secretary may enter into cooperative 
agreements with State governments, units of local government, 
organizations, or individuals to further the purposes of the Act, 
including to provide visitor services and administrative facilities 
within reasonable proximity to the National Historical Park.
    (e) Marking of Historical Sites.--The Secretary may identify 
significant federally or nonfederally owned sites relating to the Civil 
War history in Washington and adjacent environs in northern Virginia 
and Montgomery County, Maryland, and, with the consent of the owner or 
owners thereof, mark them appropriately and make reference to them in 
any interpretive literature.

SEC. 8. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) National historical park.--The term ``National 
        Historical Park'' means the Civil War Defenses of Washington 
        National Historical Park designated by section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
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