I 

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. 


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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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Civil War Defenses of Washington National Historical 

6 Park Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 

9 SEC. 2. FINDINGS AND PURPOSES. 

10 (a) FINDINGS.—The Congress finds and declares as 

11 follows: 

12 (1) It is fitting and helpful for Americans to re13 member the Civil War, 1861–1865, and to reflect 

14 upon, and learn from, the storied history, valor, 

15 heartbreak, and suffering of both sides in this tragic 

16 war that so divided and scarred the young Nation, 

17 but that also served as a crucible for the Nation to 

18 secure itself as the United States and preserve the 

19 Union, abolish the injustice of slavery, and become 

20 the beacon of hope as a democracy that it has be21 come for the world. 


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1 (2) The significance of the Civil War to the fu2 ture of the United States is incalculable. The war’s 

3 lessons and meaning to the history of the United 

4 States, what it stands for, and its place in the world 

5 today must be remembered and conveyed to future 

6 generations. The war pitted family against family, 

7 brother against brother, friend against friend, Blue 

8 against Gray. Its battlegrounds were consecrated 

9 with blood that was shed by many who gave their 

10 last full measure of devotion. The reunited democ11 racy that emerged, after such a heavy loss of life on 

12 both sides and the difficult decades of healing that 

13 followed, made the United States stronger. It helped 

14 the Nation advance toward achieving the inalienable 

15 rights and noble goals and values its founders 

16 sought, but had not fully achieved, in their lifetimes. 

17 (3) The defenses of Washington played a key 

18 role in the outcome of the Civil War. They were con19 structed at the beginning of the war in 1861 as a 

20 ring of fortifications in the District of Columbia, 

21 Maryland, and northern Virginia, to protect the Na22 tion’s capital. By the end of the war, these defenses 

23 included 68 forts, 93 unarmed batteries, 807 mount24 ed cannon, 13 miles of rifle trenches, and 32 miles 

25 of military roads. 


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1 (4) The major test of the Civil War defenses of 

2 Washington came with the Shenandoah Valley Cam3 paign of 1864 when Confederate Lieutenant General 

4 Jubal Early marched from Richmond to Lynchburg, 

5 Virginia, and through the Shenandoah Valley to 

6 Harpers Ferry, West Virginia, and Frederick, Mary7 land. His major objective, as directed to him by 

8 General Robert E. Lee, was to attack the Nation’s 

9 capital from the north, causing Union Forces to be 

10 withdrawn from threatening Richmond, the capital 

11 of the Confederacy. He was delayed by Union Major 

12 General Lew Wallace at the Battle of Monocacy on 

13 July 9, 1864, and was stopped at the northern edge 

14 of the District of Columbia at the Battle of Fort 

15 Stevens on July 11–12, 1864. The Shenandoah Val16 ley Campaign ended when Union Lieutenant General 

17 Philip Sheridan defeated General Early at the Battle 

18 of Cedar Creek, Virginia, on October 19, 1864. 

19 (5) The Battle of Fort Stevens was the second 

20 and last attempt by the Confederate Army to attack 

21 Washington. The first major effort to surround or 

22 capture the Nation’s capital ended at Gettysburg in 

23 July 1863. After that historic battle, in his address 

24 at Gettysburg Cemetery on November 19, 1863, 

25 President Abraham Lincoln redefined what was at 


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1 stake: ‘‘a new nation, conceived in liberty, and dedi2 cated to the proposition that all men are created 

3 equal . . . that this nation, under God, shall have 

4 a new birth of freedom—and that government of the 

5 people, by the people, and for the people shall not 

6 perish from the earth.’’. 

7 (6) The Battle of Fort Stevens was the only 

8 verifiable time that a sitting United States President 

9 (Abraham Lincoln) came under hostile fire during a 

10 battle while in office. Nearly all the individual forts 

11 in the defenses of Washington (on both sides of the 

12 Potomac and Anacostia Rivers) were involved in 

13 stopping General Early’s attack. Had that one battle 

14 at the very edge of Washington been lost, the Na15 tion’s capital, the Presidency, the Union Govern16 ment, and emancipation all would have been poten17 tially lost and the history of the United States dra18 matically changed. The victory at Fort Stevens not 

19 only saved the city and the national government, but 

20 also led to the October 1864 victories for the Union 

21 in the Shenandoah Valley, which ensured Lincoln’s 

22 re-election and preservation of the Union at that 

23 critical moment. 

24 (7) After the end of the war, most of the Civil 

25 War defenses of Washington were returned to priVerDate Sep 11 2014 22:52 Feb 20, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5023.IH H5023

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1 vate land owners, but many were retained by the 

2 military or the lands were repurchased later by the 

3 United States. Of the remaining fortifications in 

4 public ownership, 19 sites (including Battleground 

5 Cemetery) are owned by the Federal Government 

6 and managed by the National Park Service, four are 

7 owned by local units of government in northern Vir8 ginia, and one is owned by Montgomery County, 

9 Maryland. 

10 (8) In 1902, the Senate McMillan Commission 

11 issued a Report on the Improvement of the Park 

12 System of Washington (U.S. Senate Committee on 

13 the District of Columbia, Senate Report No. 166, 

14 57th Congress, 1st Session). The Report called for 

15 development of a ‘‘Fort Drive’’ to connect the Civil 

16 War defenses of Washington in the Nation’s capital. 

17 Congress appropriated funds to purchase lands for 

18 the Fort Drive during the 1930s, but it was never 

19 fully completed. 

20 (9) Most of the remaining Civil War defenses of 

21 Washington contain significant natural and rec22 reational resources, and some offer sweeping vistas 

23 overlooking the Nation’s capital. With the lands ac24 quired for the Fort Drive, they provide a linkage of 

25 urban green spaces that contribute to the history, 


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1 character, and scenic values of the Nation’s capital 

2 and offer educational and recreational opportunities 

3 along with their natural and important historical 

4 values. 

5 (10) Sites associated with the Civil War de6 fenses of Washington that are in Federal ownership 

7 within the District of Columbia, the Commonwealth 

8 of Virginia, and the State of Maryland are managed 

9 under three separate units of the National Park 

10 Service (Rock Creek Park, National Capital Parks– 

11 East, and the George Washington Memorial Park12 way). Action by Congress is needed to protect and 

13 aid the educational benefits of the unique place in 

14 history of these sites through proper management, 

15 stabilization, maintenance, development, use, and, 

16 importantly, interpretation. 

17 (11) It is fitting and proper that, as Americans 

18 reflect upon the legacy of the Civil War, we more 

19 fully understand and appreciate the roles of the bat20 tles in the District of Columbia, Virginia, West Vir21 ginia, and Maryland related to the defenses of 

22 Washington. Taken together, these battles were piv23 otal to the outcome of the war and therefore to its 

24 impact on the promise of the United States. It is 

25 therefore in the national interest that these historiVerDate Sep 11 2014 22:52 Feb 20, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5023.IH H5023

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1 cally important sites and resources be protected 

2 from further damage or loss and that they be pre3 served, enhanced, and interpreted for the use, enjoy4 ment, and education of present and future genera5 tions. 

6 (12) There is a genuine need and compelling 

7 reason for the United States to rededicate itself to 

8 and honor the vision and ideals of democracy as re9 flected in the Constitution by commemorating and 

10 interpreting through this National Historical Park 

11 the epic story of the American Civil War and the 

12 profound and lasting impact of the war on the val13 ues, capabilities, and strengths that the United 

14 States reflects through the ideals that it stands for 

15 in the world today. 

16 (b) PURPOSES.—The purposes of this Act are— 

17 (1) to protect, preserve, enhance, and interpret 

18 for the benefit and use of present and future genera19 tions the cultural, historical, natural, and rec20 reational resources of the Civil War defenses of 

21 Washington located in the District of Columbia, Vir22 ginia, and Maryland; and 

23 (2) to study and consider creative and cost-ef24 fective ways that the storied history of the Civil 

25 War, including the defenses of Washington and the 


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1 Shenandoah Valley Campaign of 1864, can be as2 sembled, arrayed, and effectively conveyed to and for 

3 the benefit of the public. 

4 SEC. 3. REDESIGNATION. 

5 The Civil War defenses of Washington are hereby re6 designated as the Civil War Defenses of Washington Na7 tional Historical Park. 

8 SEC. 4. AREAS INCLUDED IN CIVIL WAR DEFENSES OF 

9 WASHINGTON NATIONAL HISTORICAL PARK. 

10 (a) AREAS UNDER THE ADMINISTRATION OF THE

11 NATIONAL PARK SERVICE.—The National Historical 

12 Park shall include all areas associated with the Civil War 

13 defenses of Washington that are currently owned by the 

14 Federal Government and under the administration of the 

15 National Park Service, each as depicted on appropriate 

16 maps maintained by the Secretary of the Interior, includ17 ing the following: 

18 (1) The following fortifications and associated 

19 lands: 

20 (A) Battery Kemble. 

21 (B) Fort Bayard. 

22 (C) Fort Bunker Hill. 

23 (D) Fort Carroll. 

24 (E) Fort Chaplin. 

25 (F) Fort Davis. 


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1 (G) Fort DeRussy. 

2 (H) Fort Dupont. 

3 (I) Fort Foote. 

4 (J) Fort Greble. 

5 (K) Fort Mahan. 

6 (L) Fort Marcy. 

7 (M) Fort Reno. 

8 (N) Fort Ricketts. 

9 (O) Fort Slocum. 

10 (P) Fort Stanton. 

11 (Q) Fort Stevens. 

12 (R) Fort Totten. 

13 (2) The following affiliated National Park 

14 Areas: 

15 (A) Fort Circle Drive. 

16 (B) Battleground National Cemetery. 

17 (C) Fort Washington. 

18 (D) Oxon Cove Park and Oxon Hill Farm. 

19 (b) POTENTIAL AFFILIATION OF ELIGIBLE AREAS

20 OWNED BY LOCAL GOVERNMENTS.—Any site associated 

21 with the Civil War defenses of Washington that is owned 

22 by a unit of local government in Virginia, Maryland, or 

23 the District of Columbia, may become affiliated with the 

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1 ment entered into between the unit of local government 

2 concerned and the Secretary, including the following: 

3 (1) In Virginia: 

4 (A) Fort Ward, City of Alexandria. 

5 (B) Fort C.F. Smith, Arlington County. 

6 (C) Fort Ethan Allen, Arlington County. 

7 (D) Fort Willard, Fairfax County. 

8 (2) In Maryland: Battery Bailey, Montgomery 

9 County. 

10 SEC. 5. POSSIBLE INCLUSION OF ADDITIONAL AREAS. 

11 (a) AFFILIATION AUTHORITY.—Any site associated 

12 with the Civil War defenses of Washington that is owned 

13 by a private individual or organization or a unit of local 

14 government in the District of Columbia, Virginia, or 

15 Maryland, other than those listed in section 4, that the 

16 Secretary determines is eligible for affiliation with the Na17 tional Historical Park, may be affiliated with the National 

18 Historical Park pursuant to a cooperative agreement en19 tered into between the site owner and the Secretary. The 

20 Secretary may purchase such properties from willing sell21 ers, subject to the availability of private sector donated 

22 funding or appropriations. 

23 (b) CONSENT REQUIRED.—No non-Federal property 

24 may be included in the National Historical Park without 

25 the written consent of the owner of the property. 


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1 (c) PROHIBITION ON USE OF CONDEMNATION.—The 

2 Secretary may not acquire by condemnation any land or 

3 interest in land under this Act or for the purposes of this 

4 Act. 

5 (d) CONSULTATION AND PUBLIC PARTICIPATION.— 

6 The Secretary shall consult with interested officials of 

7 State governments and units of local government, rep8 resentatives of interested organizations, and interested 

9 members of the public before executing a cooperative 

10 agreement under this section or section 7(d). 

11 SEC. 6. NATIONAL CIVIL WAR HISTORY EDUCATION CEN12 TER REPORT. 

13 (a) IN GENERAL.—In furtherance of and consistent 

14 with section 2, the Secretary shall study and consider cre15 ative and cost-effective ways to facilitate the storied his16 tory of the Civil War for both the North and the South, 

17 including the history of the defenses of Washington and 

18 the Shenandoah Valley Campaign of 1864, being assem19 bled, arrayed, and conveyed for the benefit of the public 

20 for the knowledge, education, and inspiration of this and 

21 future generations about the impact of that war on the 

22 United States and its fledgling democracy, abolition of 

23 slavery, free enterprise economic system, culture, art, 

24 music, and national security capabilities. 


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1 (b) ASSISTANCE.—In conducting the study, the Sec2 retary shall seek and coordinate the assistance of a wide 

3 array of expertise of individuals and organizations regard4 ing Civil War history, potential locations where this sto5 ried history may be shared, including adaptive reuse of 

6 existing structures, and donated funding resources to help 

7 facilitate carrying out this section. 

8 (c) REPORT.—Not later than one year after the date 

9 of the enactment of this Act, the Secretary shall submit 

10 a report with recommendations regarding the study re11 quired by subsection (a) to the Committee on Natural Re12 sources of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the Senate. 

14 SEC. 7. ADMINISTRATION. 

15 (a) IN GENERAL.—The Secretary shall administer 

16 the National Historical Park in accordance with this Act 

17 and the laws generally applicable to units of the National 

18 Park System. 

19 (b) TECHNICAL ASSISTANCE.—The Secretary may 

20 provide technical assistance to local governments and pri21 vate individuals and organizations for the management, 

22 interpretation, and preservation of historically significant 

23 resources associated with the Civil War defenses of Wash24 ington. 


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1 (c) DONATIONS.—The Secretary may accept, hold, 

2 administer, and use gifts, bequests, devises, and other do3 nations, including labor and services, for purposes of this 

4 Act, including preserving or providing access to sites and 

5 other resources relating to the Civil War defenses of 

6 Washington. 

7 (d) OTHER COOPERATIVE AGREEMENTS.—In addi8 tion to the authority provided by section 5(a), the Sec9 retary may enter into cooperative agreements with State 

10 governments, units of local government, organizations, or 

11 individuals to further the purposes of the Act, including 

12 to provide visitor services and administrative facilities 

13 within reasonable proximity to the National Historical 

14 Park. 

15 (e) MARKING OF HISTORICAL SITES.—The Secretary 

16 may identify significant federally or nonfederally owned 

17 sites relating to the Civil War history in Washington and 

18 adjacent environs in northern Virginia and Montgomery 

19 County, Maryland, and, with the consent of the owner or 

20 owners thereof, mark them appropriately and make ref21 erence to them in any interpretive literature. 

22 SEC. 8. DEFINITIONS. 

23 For the purposes of this Act, the following definitions 

24 apply: 


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1 (1) NATIONAL HISTORICAL PARK.—The term 

2 ‘‘National Historical Park’’ means the Civil War De3 fenses of Washington National Historical Park des4 ignated by section 3. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

Æ 


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