II

104TH CONGRESS

1ST SESSION S. 305

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

JANUARY 31 (legislative day, JANUARY 30), 1995

Mr. WARNER (for himself and Mr. ROBB) 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 1995’’.

6 SEC. 2. CONGRESSIONAL FINDINGS.

7 The 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 several

3 key Civil 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 Civil War;

7 (3) in 1990, the Congress enacted legislation di8 recting the Secretary of the Interior to prepare a

9 comprehensive study of significant sites and struc10 tures associated with Civil War battles in the Shen11 andoah Valley;

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

13 found that many of the sites within the Shenandoah

14 Valley possess national significance and retain a

15 high degree of historical integrity;

16 (5) the preservation and interpretation of these

17 sites will make a vital contribution to the under18 standing of the heritage of the United States;

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

20 regional framework requires cooperation among local

21 property owners and Federal, State, and local gov22 ernment entities; and

23 (7) partnerships between Federal, State, and

24 local governments, the regional entities of such gov25 ernments, and the private sector offer the most ef-
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1 fective opportunities for the enhancement and man2 agement of the Civil War battlefields and related

3 sites in the Shenandoah Valley.

4 SEC. 3. STATEMENT OF PURPOSE.

5 The purposes of this Act are to—

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

7 of the Civil War in the Shenandoah Valley;

8 (2) recognize and interpret important events

9 and geographic locations representing key Civil War

10 battles in the Shenandoah Valley, including those

11 battlefields associated with the Thomas J. (Stone12 wall) Jackson campaign of 1862 and the decisive

13 campaigns of 1864;

14 (3) recognize and interpret the effect of the

15 Civil War on the civilian population of the Shen16 andoah Valley during the war and postwar recon17 struction period; and

18 (4) create partnerships among Federal, State,

19 and local governments, the regional entities of such

20 governments, and the private sector to preserve, con21 serve, enhance, and interpret the nationally signifi22 cant battlefields and related sites associated with the

23 Civil War in the Shenandoah Valley.

24 SEC. 4. DEFINITIONS.

25 As used in this Act:
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1 (1) The term ‘‘battlefields’’ means the Shen2 andoah Valley National Battlefields established by

3 section 5.

4 (2) The term ‘‘Commission’’ means the Shen5 andoah Valley National Battlefields Commission es6 tablished by section 9.

7 (3) The term ‘‘historic core’’ means the area

8 that surrounds each unit of the battlefields, is de9 picted on the map referred to in section 5(a), encom10 passes important components of a conflict, and pro11 vides a strategic context and geographic setting for

12 understanding the conflict.

13 (4) The term ‘‘plan’’ means the Shenandoah

14 Valley National Battlefields plan approved by the

15 Secretary under section 6.

16 (5) The term ‘‘Secretary’’ means the Secretary

17 of the Interior.

18 (6) The term ‘‘Shenandoah Valley’’ means the

19 Shenandoah Valley in the Commonwealth of Vir20 ginia.

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
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1 acres of lands and interests therein as generally depicted

2 on the map entitled ‘‘Shenandoah Valley National Battle3 fields’’, numbered SHVA/80,000, and dated April 1994,

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

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

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

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

8 on file and available for public inspection in the offices

9 of the Commission and in the appropriate offices of the

10 National Park Service.

11 (3) The Secretary may, with the advice of the Com12 mission and following an opportunity for public comment,

13 make minor revisions to the boundaries of the battlefields.

14 (b) ADMINISTRATION.—The Secretary shall admin15 ister the battlefields in accordance with this Act and with

16 provisions of law generally applicable to the National Park

17 System, including the Act of August 25, 1916 (39 Stat.

18 535; 16 U.S.C. 1, 2, 3, 4) and the Act of August 21, 1935

19 (49 Stat. 666; 16 U.S.C. 461–467). The Secretary shall

20 protect, manage, and administer the battlefields for the

21 purposes of preserving and interpreting their national, cul22 tural, and historic resources and of providing for public

23 understanding and appreciation of the battlefields, in such

24 a manner as to perpetuate these qualities and values for

25 future generations.
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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, except that no lands or

6 interests therein may be acquired under this Act except

7 with the consent of the owner thereof.

8 (2) Lands or interests therein that are located within

9 the battlefields or a historic core area and are owned by

10 the Commonwealth of Virginia, or a political subdivision

11 thereof, may be acquired by the Secretary under this Act

12 only by donation or exchange.

13 (3) The Secretary may not accept, under this Act,

14 donations of lands or interests therein acquired through

15 condemnation.

16 (d) LIVING HISTORY DEMONSTRATIONS AND BAT17 TLEFIELD ENACTMENTS.—The Secretary shall allow, at

18 any location in the battlefields, any living history dem19 onstration or battlefield reenactment that is the same as

20 or substantially similar to a demonstration or reenactment

21 that occurred at such location at any time during the 12-

22 month period ending on the date of the enactment of this

23 Act. The Secretary may allow, at any location in the bat24 tlefields, any living history demonstration or battlefield re-
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1 enactment that is not described in the preceding sentence

2 but that the Secretary determines to be appropriate.

3 SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

4 PLAN.

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

6 by the Secretary pursuant to this Act and the Shenandoah

7 Valley National Battlefields plan developed by the Com8 mission and approved by the Secretary, as provided in this

9 section.

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

11 (1) recommendations of potential boundary

12 modifications to the battlefields, including modifica13 tions to the boundaries of the historic core of each

14 unit, and the potential addition of new units to the

15 battlefields;

16 (2) provisions for the management, protection,

17 and interpretation of the natural, cultural, and his18 torical resources of the battlefields, consistent with

19 the purposes of this Act;

20 (3) recommendations to the Commonwealth of

21 Virginia (and political subdivisions thereof) for the

22 management, protection, and interpretation of the

23 natural, cultural, and historical resources of the his24 toric core areas;
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1 (4) the information described in section 12(b)

2 of Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertain3 ing to the preparation of general management

4 plans);

5 (5) identification of appropriate partnerships

6 between the Secretary, Federal, State, and local gov7 ernments and regional entities, and the private sec8 tor, in furtherance of the purposes of this Act;

9 (6) proposed locations for visitor contact and

10 major interpretive facilities, including proposals for

11 one interpretive facility in the upper Shenandoah

12 Valley and one in the lower Shenandoah Valley;

13 (7) provisions for implementing a continuing

14 program of interpretation and visitor education con15 cerning the resources and values of the battlefields

16 and historic core areas;

17 (8) provisions for a uniform valley-wide histori18 cal marker and wayside exhibit program, including a

19 provision for marking, with the consent of the

20 owner, historic structures and properties that are

21 contained within the historic core areas and contrib22 ute to the understanding of the battlefields; and

23 (9) recommendations for means of ensuring

24 continued local involvement and participation in the
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1 management, protection, and development of the

2 battlefields.

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

4 than 3 years after the date on which the Commission con5 ducts its first meeting, the Commission shall submit to

6 the Secretary a draft plan that meets the requirements

7 of subsection (b).

8 (2) Prior to submitting the draft plan to the Sec9 retary, the Commission shall ensure that—

10 (A) the Commonwealth of Virginia, and any po11 litical subdivision thereof that would be affected by

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

13 (B) adequate notice of the availability of the

14 draft plan is provided through publication in appro15 priate local newspapers in the area of the battle16 fields; and

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

18 the battlefields in the upper Shenandoah Valley and

19 one public hearing in the vicinity of the battlefields

20 in the lower Shenandoah Valley is conducted by the

21 Commission with respect to the draft plan.

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

23 Secretary shall review the draft plan submitted under sub24 section (c) and, not later than 90 days after the date on

25 which the draft plan is submitted, shall either—
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1 (1) approve the draft plan as the plan; or

2 (2) reject the draft plan and recommend to the

3 Commission modifications that would make the draft

4 plan acceptable.

5 SEC. 7. COOPERATIVE AGREEMENTS.

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

7 this Act, the Secretary may establish partnerships and

8 enter into cooperative agreements concerning lands, and

9 interests therein, within the battlefields and historic core

10 areas with other Federal, State, or local agencies, and pri11 vate persons and organizations.

12 (b) HISTORIC MONUMENTS.—The Secretary may

13 enter into an agreement with the owner of property that

14 is located in the battlefields, or in a historic core area,

15 and on which a historic monument or tablet commemorat16 ing a relevant battle has been erected prior to the date

17 of the enactment of this Act. The Secretary may make

18 funds available for the maintenance, protection, and inter19 pretation of the monument or tablet, as the case may be,

20 pursuant to the agreement.

21 SEC. 8. GRANT PROGRAM.

22 (a) IN GENERAL.—(1) The Secretary may award

23 grants and provide technical assistance, to owners of prop24 erty located within the battlefields and historic core areas,

25 to provide for the preservation and interpretation of the
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1 natural, cultural, and historical resources within the bat2 tlefields and historic core areas.

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

4 Commission, may award grants and provide technical as5 sistance to governmental entities to assist with the plan6 ning, development, and implementation of comprehensive

7 plans, land use guidelines, regulations, ordinances, or

8 other appropriate documents, that are consistent with and

9 designed to protect the historic character of the battle10 fields and historic core areas.

11 (B) The Commission shall conduct a regular review

12 of plans, guidelines, regulations, ordinances, and docu13 ments with respect to which the Secretary has awarded

14 a grant under this paragraph. If the Commission finds

15 that any such plan, guideline, regulation, ordinance, or

16 document, or the implementation thereof, is no longer con17 sistent with the protection of the historic character of the

18 battlefields and historic core areas the Commission may

19 recommend, after consultation with the affected govern20 mental entity, that the Secretary suspend any grant

21 awarded pursuant to this paragraph with respect to the

22 plan, guideline, regulation, ordinance, or document.

23 (C) The Secretary, after consultation with the Com24 mission, shall suspend any grant awarded under this para25 graph if the Secretary has determined that the plan,
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1 guideline, regulation, ordinance, or document with respect

2 to which the grant is awarded is modified in a manner

3 that is inconsistent with the protection of the historic

4 character of the battlefields and historic core areas.

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

6 made under this section may not exceed the amount of

7 non-Federal funds provided for the preservation, interpre8 tation, planning, development, or implementation with re9 spect to which the grant is awarded.

10 (c) ADDITIONAL CONDITIONS.—The Secretary may

11 require such additional terms and conditions before

12 awarding any grant under this section as the Secretary

13 determines to be necessary.

14 SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

15 COMMISSION.

16 (a) ESTABLISHMENT.—There is hereby established

17 the Shenandoah Valley National Battlefields Commission.

18 (b) MEMBERSHIP.—The Commission shall be com19 posed of 19 members, to be appointed by the Secretary

20 as follows:

21 (1) 5 members representing local governments

22 of communities in the vicinity of the battlefields, ap23 pointed after the Secretary considers recommenda24 tions made by appropriate local governing bodies.
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1 (2) 10 members representing property owners

2 within the battlefields or historic core areas (1 mem3 ber within each unit of the battlefields).

4 (3) 1 member with demonstrated expertise in

5 historic preservation.

6 (4) 1 member who is a recognized historian

7 with expertise in Civil War history.

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

9 the Governor, ex officio.

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

11 or a designee of the Director, ex officio.

12 (c) APPOINTMENTS.—Members of the Commission

13 shall be appointed for staggered terms of 3 years, as des14 ignated by the Secretary at the time of the initial appoint15 ment. Any member of the Commission appointed for a

16 definite term may serve after the expiration of the term

17 until the successor of the member is appointed.

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

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

20 Chairperson. The terms of office of the Chairperson and

21 Vice Chairperson shall be 2 years. The Vice Chairperson

22 shall serve as Chairperson in the absence of the Chair23 person.

24 (e) VACANCY.—Any vacancy on the Commission shall

25 be filled in the same manner in which the original appoint-
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1 ment was made, except that the Secretary shall fill any

2 vacancy within 30 days after the vacancy occurs.

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

4 constitute a quorum.

5 (g) MEETINGS.—The Commission shall meet at the

6 call of the Chairperson or a majority of the members of

7 the Commission, but not less than quarterly. Notice of

8 Commission meetings and agendas for the meetings shall

9 be published in local newspapers that have a distribution

10 throughout the Shenandoah Valley. Commission meetings

11 shall be held at various locations throughout the Shen12 andoah Valley and in a manner that ensures adequate

13 public participation.

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

15 shall have the power to appoint and fix the compensation

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

17 (i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad18 ministrator of the General Services Administration shall

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

20 administrative support services as the Commission may re21 quest.

22 (j) FEDERAL AGENCIES.—Upon request of the Com23 mission, the head of any Federal agency may detail to the

24 Commission, on a reimbursable basis, personnel of the

25 agency to assist the Commission in carrying out its duties.
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1 (k) SUBPOENAS.—The Commission may not issue

2 subpoenas or exercise any subpoena authority.

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

4 serve without compensation, but the Secretary may reim5 burse members for expenses reasonably incurred in carry6 ing out the responsibilities of the Commission under this

7 Act.

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

9 States mails in the same manner and under the same con10 ditions as other departments and agencies of the United

11 States.

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

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

14 and dispose of gifts, bequests, or donations of money, per15 sonal property, or services, received from any source.

16 (o) TERMINATION.—The Commission shall terminate

17 at the expiration of the 45-day period beginning on the

18 date on which the Secretary approves the plan under sec19 tion 6(d).

20 SEC. 10. DUTIES OF THE COMMISSION.

21 (a) IN GENERAL.—The Commission shall—

22 (1) develop the plan and draft plan referred to

23 in section 6, in consultation with the Secretary;

24 (2) advise the Secretary on the administration

25 of the battlefields;
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1 (3) assist the Commonwealth of Virginia, and

2 any political subdivision thereof, in the management,

3 protection, and interpretation of the natural, cul4 tural, and historical resources within the historic

5 core areas, except that the Commission shall in no

6 way infringe upon the authorities and policies of the

7 Commonwealth of Virginia or any political subdivi8 sion thereof; and

9 (4) take appropriate action to encourage protec10 tion of the natural, cultural, and historic resources

11 within the battlefields and historic core areas by

12 landowners, local governments, organizations, and

13 businesses.

14 (b) ASSISTANCE TO NONPROFIT ORGANIZATIONS.—

15 The Commission may assist any nonprofit organization in

16 the management, protection, and interpretation of the nat17 ural, cultural, and historical resources within the historic

18 core areas.

19 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AUTHORIZATION.—There are authorized to be ap21 propriated such sums as may be necessary to carry out

22 this Act, except that not more than $250,000 may be ap23 propriated for any fiscal year for the establishment and

24 operation of the Commission.
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1 (b) AVAILABILITY OF FUNDS.—Funds made avail2 able under subsection (a) shall remain available until

3 expended.

Æ