I 

109TH CONGRESS 

2D SESSION H. R. 5195 

To establish the Journey Through Hallowed Ground National Heritage Area, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2006 

Mr. WOLF (for himself, Mr. GOODE, Mrs. CAPITO, Mr. PLATTS, Mr. TOM

DAVIS of Virginia, Mrs. JO ANN DAVIS of Virginia, Mr. SCOTT of Virginia, and Mr. BOUCHER) introduced the following bill; which was referred to the Committee on Resources 

A BILL 

To establish the Journey Through Hallowed Ground National 

Heritage Area, 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; DEFINITIONS. 

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

5 ‘‘Journey Through Hallowed Ground National Heritage 

6 Area Act of 2006’’. 

7 (b) DEFINITIONS.—For the purposes of this Act, the 

8 following definitions shall apply: 


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1 (1) HERITAGE AREA.—The terms ‘‘Heritage 

2 Area’’ and ‘‘Area’’ mean the Journey Through Hal3 lowed Ground National Heritage Area established by 

4 section 3. 

5 (2) MANAGEMENT ENTITY.—The term ‘‘man6 agement entity’’ means The Journey Through Hal7 lowed Ground Partnership, a Virginia corporation 

8 referred to in section 3(c), or its successor entity. 

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan for the 

11 Heritage Area specified in section 5(b). 

12 (4) PARTNER.—The term ‘‘partner’’ means— 

13 (A) a Federal, State, or local governmental 

14 entity; and 

15 (B) an organization, private industry, or 

16 individual involved in promoting the conserva17 tion and preservation of the historical, cultural 

18 and recreational resources of the Heritage Area. 

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

20 the Secretary of the Interior. 

21 SEC. 2. FINDINGS AND PURPOSE. 

22 (a) FINDINGS.—The Congress finds the following: 

23 (1) Numerous sites of significant American her24 itage are situated in the Journey Through Hallowed 

25 Ground National Heritage Area, from Gettysburg, in 


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1 the Commonwealth of Pennsylvania, along the Route 

2 15 corridor in Maryland, looping to Harpers Ferry, 

3 West Virginia, back to the Route 15/20 corridor 

4 area to Monticello in Albemarle County in the Com5 monwealth of Virginia. 

6 (2) Included among the numerous historically 

7 significant sites, structures, battlefields, and districts 

8 are 8 homes of former United States Presidents, the 

9 largest concentration of Civil War battlefields in the 

10 country, the greatest concentration of rural historic 

11 districts in the country, 13 National Historic Land12 marks, 2 World Heritage Sites, 15 Main Street 

13 Communities, 13 National Park Units, and 47 His14 toric Districts, and the largest concentration of 

15 Rural Historic Districts in the country, which are 

16 collectively and individually of national significance 

17 in the early history of our Nation. 

18 (3) In 1996, a collaborative public-private part19 nership effort, including the National Trust for His20 toric Preservation, the National Park Service, Scenic 

21 America, private citizens, and a 4 State coalition of 

22 local and regional governmental and private sector 

23 organizations began work to assess historic sites 

24 along the Route 15 Area. The initiative issued a 

25 comprehensive study of significant sites and strucVerDate Aug 31 2005 00:40 May 02, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5195.IH H5195

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1 tures (cataloguing over 7,000 buildings already on 

2 the National Register of Historic Places) in the Her3 itage Area associated with Native American, African 

4 American, European American, Colonial American, 

5 Revolutionary, and Civil War history, and concluded 

6 that the sites possess historical, cultural, and archi7 tectural value of national significance and retain a 

8 high degree of historical integrity. 

9 (4) The preservation and interpretation of the 

10 sites within the Heritage Area will make a vital con11 tribution to the understanding of the development 

12 and heritage of the United States of America for the 

13 education and benefit of present and future genera14 tions. 

15 (5) The Secretary of the Interior is responsible 

16 for protecting the historical and cultural resources of 

17 the United States. 

18 (6) There are significant examples of those re19 sources within the Heritage Area that merit the in20 volvement of the Federal Government to develop 

21 programs and projects, in cooperation with the man22 agement entity, local, and State governmental bod23 ies, to adequately conserve, support, protect and in24 terpret this heritage. 


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1 (7) Partnerships between Federal, State, and 

2 local governments, the regional entities of such gov3 ernments, the private sector, and citizenry offer the 

4 most effective opportunities for the enhancement 

5 and management of the historical sites throughout 

6 the 4 State Heritage Area to promote the cultural 

7 and historical attractions of the area for visitors and 

8 the local economy. 

9 (8) The Journey Through Hallowed Ground 

10 Partnership would be an appropriate management 

11 entity for a heritage area established in this region. 

12 (b) PURPOSE.—The purposes of the Journey 

13 Through Hallowed Ground National Heritage Area are— 

14 (1) to preserve, support, conserve, and interpret 

15 the legacy of the American history created along the 

16 Heritage Area; 

17 (2) to promote heritage, cultural and rec18 reational tourism and to develop educational and 

19 cultural programs for visitors and the general public; 

20 (3) to recognize and interpret important events 

21 and geographic locations representing key develop22 ments in the creation of America, including Native 

23 American, Colonial American, European American, 

24 and African American heritage; 


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1 (4) to recognize and interpret the effect of the 

2 Civil War on the civilian population of the Heritage 

3 Area during the war and post-war reconstruction pe4 riod; and 

5 (5) to enhance a cooperative management 

6 framework to assist the Commonwealth of Virginia, 

7 the State of Maryland, the Commonwealth of Penn8 sylvania, the State of West Virginia, and their units 

9 of local government, the private sector, and area citi10 zens in conserving, supporting, enhancing, and inter11 preting the significant historic, cultural and rec12 reational sites in the Heritage Area in a manner 

13 consistent with compatible economic development for 

14 the benefit and inspiration of present and future 

15 generations. 

16 SEC. 3. JOURNEY THROUGH HALLOWED GROUND NA17 TIONAL HERITAGE AREA. 

18 (a) ESTABLISHMENT.—There is hereby established 

19 the Journey Through Hallowed Ground National Heritage 

20 Area. 

21 (b) BOUNDARIES.— 

22 (1) IN GENERAL.—The Heritage Area shall 

23 consist of the 175-miles of historic transportation 

24 routes generally following the Route 15 Area and 

25 surroundings from Adams County, Pennsylvania 


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1 through Frederick County, Maryland, looping 

2 through Brunswick, Maryland to Harper’s Ferry, 

3 West Virginia, back through Route 9 in Loudoun 

4 County to the Route 15 corridor encompassing 

5 Loudoun, Prince William, Fauquier, Culpepper, and 

6 Orange Counties in the Commonwealth of Virginia, 

7 and generally following the Route 20/231/22 area 

8 through Albemarle County in the Commonwealth of 

9 Virginia. The boundaries of the Heritage Area shall 

10 include all of those lands and interests as generally 

11 depicted on a map entitled ‘‘The Journey Through 

12 Hallowed Ground,’’ numbered SHVA/80,000 and 

13 dated February 2006. 

14 (2) MAP.—The map referred to in paragraph 

15 (1) shall be on file in the appropriate offices of the 

16 National Park Service. 

17 (3) PUBLICATION.—The Secretary of the Inte18 rior shall publish in the Federal Register, as soon as 

19 practical after the date of the enactment of this Act, 

20 a detailed description and map of the boundaries es21 tablished under this subsection. 

22 (c) MANAGEMENT ENTITY.—The management entity 

23 for the Heritage Area shall be The Journey Through Hal24 lowed Ground Partnership, a Virginia corporation, the 

25 Board of Directors of which shall include representatives 


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1 from a broad cross-section of the individuals, agencies, or2 ganizations, States, and governments that were involved 

3 in the planning and development of the Heritage Area be4 fore the date of enactment of this Act and which shall 

5 oversee the development of a management plan in accord6 ance with section 5(b). 

7 SEC. 4. COMPACT. 

8 To carry out the purposes of this Act, the Secretary 

9 shall enter into a compact with the management entity. 

10 The compact shall include information relating to the ob11 jectives and management of the Heritage Area, including 

12 each of the following: 

13 (1) A delineation of the boundaries of the Her14 itage Area. 

15 (2) A discussion of the goals and objectives of 

16 the Heritage Area. 

17 (3) An explanation of the proposed approach to 

18 conservation and interpretation of the Heritage 

19 Area. 

20 (4) A general outline of the measures to which 

21 the management entity and partners commit. 

22 SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTI23 TY. 

24 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.— 


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1 (1) AUTHORITY TO ACCEPT FUNDS.—The man2 agement entity may accept funds from any Federal 

3 source and from States and their political subdivi4 sions, private organizations, non-profit organiza5 tions, or any other person to carry out its authori6 ties and duties under this Act. 

7 (2) USE OF FUNDS.—The management entity 

8 may use funds made available under this Act for 

9 purposes of preparing, updating, and implementing 

10 the management plan developed under subsection 

11 (b). Such purposes may include the following: 

12 (A) Making grants to, and entering into 

13 cooperative agreements with, States and their 

14 political subdivisions, private organizations, 

15 non-profit organizations or any other person. 

16 (B) Hiring and compensating staff. 

17 (C) Entering into contracts for goods and 

18 services. 

19 (D) Acquisition of lands or interests in 

20 lands by gift, devise, or by purchase from a 

21 willing seller using donated or appropriated 

22 funds. No lands or interests in lands may be ac23 quired by condemnation. 

24 (E) Undertaking any other initiatives that 

25 advance the purposes of the Heritage Area. 


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1 (b) MANAGEMENT PLAN.—The management entity 

2 shall develop a management plan for the Heritage Area 

3 that— 

4 (1) presents comprehensive strategies and rec5 ommendations for conservation, funding, manage6 ment, and development of the Heritage Area; 

7 (2) takes into consideration existing State, 

8 county, and local plans and involves residents, public 

9 agencies, and private organizations working in the 

10 Heritage Area; 

11 (3) includes a description of actions that units 

12 of government and private organizations have agreed 

13 to undertake to protect the resources of the Heritage 

14 Area; 

15 (4) specifies the existing and potential sources 

16 of funding to protect, support, manage, and develop 

17 the Heritage Area; 

18 (5) includes an inventory of the property and 

19 resources in the Heritage Area that should be pre20 served, restored, supported, managed, developed, 

21 maintained, or acquired because of its national his22 toric significance; 

23 (6) lists any revisions to the boundaries of the 

24 Heritage Area proposed by the management entity 

25 and requested by affected local governments; 


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1 (7) includes an analysis of ways in which local, 

2 State, and Federal programs may be best coordi3 nated to promote the purposes of this Act; including 

4 recommendations to the Commonwealth of Virginia, 

5 the States of Maryland and West Virginia, and the 

6 Commonwealth of Pennsylvania (and political sub7 divisions thereof) for the management, protection, 

8 support, and interpretation of the natural, cultural, 

9 and historical resources of the Area; 

10 (8) identifies appropriate partnerships between 

11 the Federal, State, and local governments and re12 gional entities, and the private sector, in furtherance 

13 of the purposes of the Act; 

14 (9) includes locations for visitor contact and 

15 major interpretive facilities; 

16 (10) includes provisions for appropriate living 

17 history demonstrations and battlefield reenactments; 

18 (11) includes provisions for implementing a 

19 continuing program interpretation and visitor edu20 cation concerning the resources and values of the 

21 Area; 

22 (12) includes provisions for a uniform historical 

23 marker and wayside exhibit program in the Area, in24 cluding a provision for marking, with the consent of 

25 the owner, historic structures and properties that 


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1 are contained within the historic core areas and con2 tribute to the understanding of the Area; 

3 (13) includes provisions for the protection and 

4 interpretation of the natural, cultural, and historic 

5 resources of the Heritage Area consistent with this 

6 Act; and 

7 (14) includes provisions for the development of 

8 educational outreach programs for students of all 

9 ages to further the understanding of the vast re10 sources within the Heritage Area. 

11 (c) DEADLINE; TERMINATION OF FUNDING.— 

12 (1) DEADLINE.—The management entity shall 

13 submit the management plan to the Secretary not 

14 later than 2 years after the funds are made available 

15 for this Act. Prior to submitting the draft plan to 

16 the Secretary, the management entity shall ensure 

17 that— 

18 (A) the Commonwealth of Virginia, the 

19 States of Maryland and West Virginia, the 

20 Commonwealth of Pennsylvania, and any polit21 ical subdivision thereof that would be affected 

22 by the plan, receives a copy of the draft plan; 

23 (B) adequate notice of availability of the 

24 draft plan is provided through publication in 


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1 appropriate local newspapers in the area of the 

2 Heritage Area; and 

3 (C) at least one public hearing conducted 

4 by the management entity in each State at a lo5 cation within the Heritage Area to review and 

6 receive comments on the draft plan. 

7 (2) TERMINATION OF FUNDING.—If a manage8 ment plan is not submitted to the Secretary in ac9 cordance with this subsection, the Secretary shall 

10 not, after that date, provide any grant or other as11 sistance under this Act with respect to the Heritage 

12 Area until a management plan for the Heritage Area 

13 is submitted to the Secretary. 

14 (d) DUTIES OF MANAGEMENT ENTITY.—The man15 agement entity shall— 

16 (1) give priority to implementing actions set 

17 forth in the compact and management plan; 

18 (2) assist units of government, regional plan19 ning organizations, and nonprofit organizations in— 

20 (A) establishing and maintaining interpre21 tive materials and exhibits in the Heritage 

22 Area; 

23 (B) developing historical and cultural re24 sources and educational programs in the Herit25 age Area; 


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1 (C) increasing public awareness of and ap2 preciation for the natural, historical, and archi3 tectural resources and sites in the Heritage 

4 Area; 

5 (D) the restoration of any historic building 

6 relating to the themes of the Heritage Area; 

7 (E) ensuring that clear signs identifying 

8 access points and sites of interest are put in 

9 place throughout the Heritage Area; and 

10 (F) carrying out other actions that the 

11 management entity determines to be advisable 

12 to fulfill the purposes of this Act; 

13 (3) encourage by appropriate means economic 

14 viability in the Heritage Area consistent with the 

15 goals of the management plan; 

16 (4) consider the interests of diverse govern17 mental, business, and nonprofit groups within the 

18 Heritage Area; and 

19 (5) for any year in which Federal funds have 

20 been provided to implement the management plan 

21 under subsection (b)— 

22 (A) conduct public meetings at least annu23 ally regarding the implementation of the man24 agement plan; 


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1 (B) submit an annual report to the Sec2 retary setting forth accomplishments, expenses 

3 and income, and each person to which any 

4 grant was made by the management entity in 

5 the year for which the report is made; and 

6 (C) require, for all agreements entered into 

7 by the management entity authorizing expendi8 ture of Federal funds by any other person, that 

9 the person making the expenditure make avail10 able to the management entity for audit all 

11 records pertaining to the expenditure of such 

12 funds. 

13 (e) PROHIBITION ON THE ACQUISITION OF REAL

14 PROPERTY.—The management entity may not use Fed15 eral funds received under this Act to acquire real property 

16 or any interest in real property. 

17 SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. 

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

19 (1) IN GENERAL.— 

20 (A) OVERALL ASSISTANCE.—The Secretary 

21 may, upon the request of the management enti22 ty, and subject to the availability of appropria23 tions, provide technical and financial assistance 

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1 plementing a management plan that is sub2 mitted under section 5(b) and approved by the 

3 Secretary and, prior to such approval, providing 

4 assistance for initiatives. 

5 (B) OTHER ASSISTANCE.—If the Secretary 

6 has the resources available to provide technical 

7 assistance to the management entity to carry 

8 out its duties under this Act (including updat9 ing and implementing a management plan that 

10 is submitted under section 5(b) and approved 

11 by the Secretary and, prior to such approval, 

12 providing assistance for initiatives), upon the 

13 request of the management entity the Secretary 

14 shall provide such assistance on a reimbursable 

15 basis. This subparagraph does not preclude the 

16 Secretary from providing nonreimbursable as17 sistance under subparagraph (A). 

18 (2) PRIORITY.—In assisting the management 

19 entity, the Secretary shall give priority to actions 

20 that assist in the— 

21 (A) implementation of the management 

22 plan; 

23 (B) provision of educational assistance and 

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1 serve the significant historic resources of the re2 gion; 

3 (C) development and application of tech4 niques promoting the preservation of cultural, 

5 recreational and historic properties; 

6 (D) preservation, restoration, and reuse of 

7 publicly and privately owned historic buildings; 

8 (E) design and fabrication of a wide range 

9 of interpretive materials based on the manage10 ment plan, including, among other things, guide 

11 brochures, visitor displays, audio-visual, books, 

12 interpretive dialogues, interactive exhibits, and 

13 educational curriculum materials for public edu14 cation; and 

15 (F) implementation of initiatives prior to 

16 approval of the management plan. 

17 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

18 PLANS.—The Secretary, in consultation with the Gov19 ernors of the Commonwealth of Virginia, the States of 

20 Maryland and West Virginia, the Commonwealth of Penn21 sylvania, shall approve or disapprove a management plan 

22 submitted under this Act not later than 90 days after re23 ceiving such plan. In approving the plan, the Secretary 

24 shall take into consideration the following criteria: 


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1 (1) The extent to which the management plan, 

2 when implemented, would adequately preserve, sup3 port and protect the significant historical, cultural 

4 and recreational resources of the Heritage Area. 

5 (2) The level of public participation in the de6 velopment of the management plan. 

7 (3) The extent to which the board of directors 

8 of the management entity is representative of the 

9 local governments affected and a wide range of in10 terested organizations and citizens. 

11 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec12 retary disapproves a management plan, the Secretary shall 

13 advise the management entity in writing of the reasons 

14 for the disapproval and shall make recommendations for 

15 revisions in the management plan. The Secretary shall ap16 prove or disapprove a proposed revision within 90 days 

17 after the date it is submitted. 

18 (d) APPROVING CHANGES.—The Secretary shall re19 view and approve amendments to the management plan 

20 under subsection (b) that make substantial changes. 

21 Funds appropriated under this Act may not be expended 

22 to implement such changes until the Secretary approves 

23 the amendments. 

24 (e) EFFECT OF INACTION.—If the Secretary does not 

25 approve or disapprove a management plan, revision, or 


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1 change within 90 days after it is submitted to the Sec2 retary, then such management plan, revision, or change 

3 shall be deemed to have been approved by the Secretary. 

4 SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. 

5 Any Federal entity conducting or supporting activi6 ties directly affecting the Heritage Area shall— 

7 (1) consult with the Secretary and the manage8 ment entity with respect to such activities; 

9 (2) cooperate with the Secretary and the man10 agement entity in carrying out their duties under 

11 this Act and, to the maximum extent practicable, co12 ordinate such activities with the carrying out of such 

13 duties; and 

14 (3) to the maximum extent practicable, conduct 

15 or support such activities in a manner that the man16 agement entity determines shall not have an adverse 

17 effect on the Heritage Area. 

18 SEC. 8. SUNSET. 

19 The Secretary may not make any grant or provide 

20 any assistance under this Act after the expiration of the 

21 15-year period beginning on the date that funds are first 

22 made available for this Act. 


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1 SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE 

2 PROPERTY. 

3 (a) NOTIFICATION AND CONSENT OF PROPERTY

4 OWNERS REQUIRED.—No privately owned property shall 

5 be preserved, conserved, or promoted under the manage6 ment plan for the Heritage Area until the owner of that 

7 private property has been— 

8 (1) notified in writing by the management enti9 ty; and 

10 (2) given written consent for such preservation, 

11 conservation, or promotion to the management enti12 ty. 

13 (b) LANDOWNER WITHDRAW.—Any owner of private 

14 property included within the boundary of the Heritage 

15 Area shall have their property immediately removed from 

16 the boundary by submitting a written request to the man17 agement entity. 

18 (c) CHANGE OF OWNERSHIP.—If private property in19 cluded within the boundary of the Heritage Area has been 

20 excluded from the Heritage Area or has not been pre21 served, conserved, or promoted under the management 

22 plan for the Heritage Area because the owner has not 

23 given or has withdrawn consent, upon change of ownership 

24 of that private property, the management entity may re25 quest consent from the new owners. 


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1 SEC. 10. PRIVATE PROPERTY PROTECTION. 

2 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

3 this Act shall be construed to— 

4 (1) require any private property owner to allow 

5 public access (including Federal, State, or local gov6 ernment access) to such private property; or 

7 (2) modify any provision of Federal, State, or 

8 local law with regard to public access to or use of 

9 private property. 

10 (b) LIABILITY.—Designation of the Heritage Area 

11 shall not be considered to create any liability, or to have 

12 any effect on any liability under any other law, of any pri13 vate property owner with respect to any persons injured 

14 on such private property. 

15 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

16 USE.—Nothing in this Act shall be construed to modify 

17 the authority of Federal, State, or local governments to 

18 regulate land use. 

19 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

20 IN HERITAGE AREA.—Nothing in this Act shall be con21 strued to require the owner of any private property located 

22 within the boundaries of the Heritage Area to participate 

23 in or be associated with the Heritage Area. 

24 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

25 designated for the Heritage Area represent the area within 

26 which Federal funds appropriated for the purpose of this 


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1 Act may be expended. The establishment of the Heritage 

2 Area and its boundaries shall not be construed to provide 

3 any nonexisting regulatory authority on land use within 

4 the Heritage Area or its viewshed by the Secretary, the 

5 National Park Service, or the management entity. 

6 SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

7 Nothing in this Act shall preclude the management 

8 entity from using Federal funds available under Acts other 

9 than this Act for the purposes for which those funds were 

10 authorized. 

11 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated to carry out this Act the following funds, which 

14 shall remain available until expended: 

15 (1) Not more than $1,000,000 for any fiscal 

16 year. 

17 (2) Not more than a total of $10,000,000. 

18 (b) 50 PERCENT MATCH.—Financial assistance pro19 vided under this Act may not be used to pay more than 

20 50 percent of the total cost of any activity carried out with 

21 that assistance. 

Æ 


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