I 

110TH CONGRESS 

1ST SESSION H. R. 1270 

To establish the Journey Through Hallowed Ground National Heritage Area 

Education and Tourism Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2007 

Mr. BARTLETT of Maryland introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To establish the Journey Through Hallowed Ground National 

Heritage Area Education and Tourism Act, 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 Education and Tourism Act of 2007’’. 

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

8 following definitions apply: 

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

10 Area’’ means the Journey Through Hallowed 


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1 Ground National Heritage Area established by sec2 tion 3. 

3 (2) MANAGEMENT ENTITY.—The term ‘‘man4 agement entity’’ means The Journey Through Hal5 lowed Ground Partnership, a Virginia nonprofit cor6 poration, or its successor entity. 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Heritage Area specified in section 4(b). 

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

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

12 entity; and 

13 (B) an organization, private industry, or 

14 individual involved in promoting the historical, 

15 cultural, and recreational resources of the Her16 itage Area. 

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

18 the Secretary of the Interior. 

19 (6) PARTICIPATING LOCALITY.—The term ‘‘par20 ticipating locality’’ means a unit of local government 

21 which has formally requested to be included in the 

22 Heritage Area, and has sent notification of such 

23 pursuant to section 4(c)(1)(D). 

24 SEC. 2. PURPOSE. 

25 The purposes of the Heritage Area are— 


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1 (1) to support, and interpret the legacy of the 

2 history of the United States created along the Herit3 age Area; 

4 (2) to promote heritage, cultural, and rec5 reational tourism and to develop educational and 

6 cultural programs for visitors and the general public; 

7 (3) to recognize and interpret important events 

8 and geographic locations representing key develop9 ments in the creation of the United States, including 

10 Native American, Colonial American, European 

11 American, and African American heritage; 

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

13 Civil War on the civilian population of the Heritage 

14 Area during the war and post-war reconstruction pe15 riod; and 

16 (5) to assist the Commonwealth of Virginia, the 

17 State of Maryland, the Commonwealth of Pennsyl18 vania, the State of West Virginia, and their units of 

19 local government, the private sector, and area citi20 zens in supporting, enhancing, and interpreting the 

21 significant historic, cultural, and recreational sites in 

22 the Heritage Area. 


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1 SEC. 3. JOURNEY THROUGH HALLOWED GROUND NA2 TIONAL HERITAGE AREA. 

3 (a) ESTABLISHMENT.—There is hereby established 

4 the Journey Through Hallowed Ground National Heritage 

5 Area. 

6 (b) REGION ELIGIBLE FOR INCLUSION IN THE HER7 ITAGE AREA.— 

8 (1) IN GENERAL.—The Heritage Area may con9 sist of the 175-mile region generally following the 

10 Route 15 corridor and surrounding areas from 

11 Adams County, Pennsylvania, through Frederick 

12 County, Maryland, looping through Brunswick, 

13 Maryland, to Harpers Ferry, West Virginia, back 

14 through Loudoun County, Virginia, to the Route 15 

15 corridor encompassing portions of Loudoun and 

16 Prince William Counties, Virginia, Fauquier County, 

17 Virginia, portions of Spotsylvania and Madison 

18 Counties, Virginia, and Culpeper, Rappahannock, 

19 Orange, and Albemarle Counties, Virginia. The 

20 boundaries of the Heritage Area may include the 

21 participating localities contained within the map en22 titled ‘‘The Journey Through Hallowed Ground Na23 tional Heritage Area,’’ numbered P90/80,000 and 

24 dated October 2006. 


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

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

3 National Park Service. 

4 (3) PUBLICATION.—As soon as practical after 

5 the date of the enactment of this Act, the Secretary 

6 shall publish in the Federal Register a detailed de7 scription and map of the participating localities es8 tablished under this subsection. 

9 (c) MANAGEMENT ENTITY.—The management entity 

10 for the Heritage Area shall be The Journey Through Hal11 lowed Ground Partnership, which shall include representa12 tives from a broad cross-section of the individuals, agen13 cies, organizations, States, and governments. 

14 (d) BOARD OF TRUSTEES.— Membership on the 

15 board of trustees of the management entity shall be open 

16 to the public and include representatives from a broad 

17 cross-section of individuals, agencies, organizations, 

18 States, and governments participating in the Heritage 

19 Area that will oversee the development of the management 

20 plan. 

21 SEC. 4. AUTHORITIES AND DUTIES OF MANAGEMENT ENTI22 TY. 

23 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.— 

24 (1) AUTHORITY TO ACCEPT FUNDS.—The man25 agement entity may accept funds from any non-FedVerDate Aug 31 2005 17:33 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1270.IH H1270

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1 eral source, including States and their political sub2 divisions, private organizations, nonprofit organiza3 tions, or any other person, to carry out its duties 

4 under this Act. 

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

6 may use funds to prepare, update, and implement 

7 the management plan developed under subsection 

8 (b). The management entity may not make grants to 

9 States or their political subdivisions. The manage10 ment entity may use funds for other purposes, in11 cluding the following: 

12 (A) Making grants to, and entering into 

13 cooperative agreements with, private organiza14 tions, nonprofit organizations, or any other pri15 vate individual. 

16 (B) Hiring and compensating staff. 

17 (C) Entering into contracts for goods and 

18 services related to the production of maps, bro19 chures, and other educational and promotional 

20 materials. 

21 (3) MEETINGS.—All meetings conducted by the 

22 management entity shall be open to the public and 

23 minutes of each meeting shall be made available to 

24 the public. 


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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 promoting tourism within the 

6 Heritage Area and educating the public about the 

7 historic significance of the Heritage Area; 

8 (2) takes into consideration existing State, 

9 county, and local plans and involves residents, public 

10 agencies, and private organizations working in the 

11 Heritage Area; 

12 (3) specifies the existing and potential sources 

13 of funding to promote tourism within the Heritage 

14 Area; 

15 (4) lists participating localities; 

16 (5) includes an analysis of ways in which local, 

17 State, and Federal programs can be best coordi18 nated to promote the purposes of this Act, including 

19 recommendations to the Commonwealth of Virginia, 

20 the States of Maryland and West Virginia, and the 

21 Commonwealth of Pennsylvania (and political sub22 divisions thereof) for the promotion, support, and in23 terpretation of the natural, cultural, and historical 

24 resources of the Heritage Area; 


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1 (6) includes locations for visitor contact and 

2 major interpretive facilities; 

3 (7) includes recommendations for appropriate 

4 living history demonstrations and battlefield reenact5 ments; 

6 (8) includes recommendations for implementing 

7 a continuing program of interpretation and visitor 

8 education concerning the resources and values of the 

9 Heritage Area; 

10 (9) includes recommendations for a uniform 

11 historical marker and wayside exhibit program in 

12 the Heritage Area, including a provision for mark13 ing, with the consent of the owner, historic struc14 tures and properties that are contained within the 

15 historic core areas and contribute to the under16 standing of the Heritage Area; 

17 (10) includes recommendations for the interpre18 tation of the natural, cultural, and historic resources 

19 of the Heritage Area consistent with this Act; and 

20 (11) includes recommendations for the develop21 ment of educational outreach programs for students 

22 of all ages to further the understanding of the vast 

23 resources within the Heritage Area. 

24 (c) DEADLINE; TERMINATION OF ASSISTANCE.— 


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1 (1) DEADLINE.—The management entity shall 

2 submit the management plan to the Secretary not 

3 later than 2 years after the enactment of this Act. 

4 Prior to submitting the draft plan to the Secretary, 

5 the management entity shall ensure that— 

6 (A) the Commonwealth of Virginia, the 

7 States of Maryland and West Virginia, the 

8 Commonwealth of Pennsylvania, and any polit9 ical subdivision thereof that would be affected 

10 by the plan, receive a copy of the draft plan; 

11 (B) adequate notice of availability of the 

12 draft plan is provided through publication in 

13 appropriate local newspapers in the area of the 

14 Heritage Area; 

15 (C) at least one public hearing conducted 

16 by the management entity in each Congres17 sional district that is included in the region of 

18 potential inclusion of the Heritage Area; 

19 (D) each residential and commercial prop20 erty owner within a participating locality has 

21 been notified, via United States Postal Service 

22 first class letter, by the local unit of govern23 ment requesting inclusion in the heritage area; 

24 and 


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1 (E) the Board of Trustees of the manage2 ment entity has unanimously endorsed the draft 

3 plan. 

4 (2) TERMINATION OF ASSISTANCE.—If a man5 agement plan is not submitted to the Secretary in 

6 accordance with this subsection, the Secretary shall 

7 not, after that date, provide any assistance under 

8 this Act with respect to the Heritage Area until such 

9 a management plan for the Heritage Area is sub10 mitted to the Secretary. 

11 (d) DUTIES OF MANAGEMENT ENTITY.—The man12 agement entity shall— 

13 (1) give priority to implementing actions set 

14 forth in the management plan; 

15 (2) assist units of government and nonprofit or16 ganizations in— 

17 (A) establishing and maintaining interpre18 tive materials and exhibits in the Heritage 

19 Area; 

20 (B) developing historical and cultural re21 sources and educational programs in the Herit22 age Area; 

23 (C) increasing public awareness of and ap24 preciation for the natural, historical, and archiVerDate Aug 31 2005 17:33 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1270.IH H1270

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1 tectural resources and sites in the Heritage 

2 Area; 

3 (D) restoring any historic building relating 

4 to the themes of the Heritage Area; and 

5 (E) ensuring that clear signs identifying 

6 access points and sites of interest are placed 

7 throughout the Heritage Area; and 

8 (3) consider the interests of diverse govern9 mental, business, and nonprofit groups within the 

10 Heritage Area. 

11 (e) CONSEQUENCES OF NONCOMPLIANCE.—If the 

12 management entity does not comply with the provisions 

13 of this Act, it shall cease to be the management entity 

14 and its authority as such shall not be recognized, nor shall 

15 its management plan or any other work product be used, 

16 to implement this Act. 

17 SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY. 

18 (a) TECHNICAL ASSISTANCE.— 

19 (1) IN GENERAL.—The Secretary may, upon 

20 the request of the management entity and subject to 

21 the availability of resources, provide technical assist22 ance to the management entity to carry out its du23 ties under this Act, including updating and imple24 menting the management plan that is submitted 

25 under section 4(b) and approved by the Secretary 


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1 and, prior to such approval, providing assistance for 

2 initiatives. 

3 (2) PRIORITY.—In assisting the management 

4 entity, the Secretary shall give priority to actions 

5 that assist in the— 

6 (A) creation of the management plan; 

7 (B) provision of educational assistance and 

8 advice regarding promotion of the heritage 

9 area; and 

10 (C) design and fabrication of a wide range 

11 of interpretive materials based on the manage12 ment plan, such as guide brochures, visitor dis13 plays, audio-visual, books, interpretive dia14 logues, interactive exhibits, and educational cur15 riculum materials for public education. 

16 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

17 PLANS.—The Secretary, in consultation with the Gov18 ernors of the Commonwealth of Virginia, the States of 

19 Maryland and West Virginia, and the Commonwealth of 

20 Pennsylvania, shall approve or disapprove a management 

21 plan submitted under this Act not later than 180 days 

22 after receiving such plan. In approving the plan, the Sec23 retary shall take into consideration the following criteria: 

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

25 when implemented, would support and promote the 


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1 significant historical, cultural, and recreational re2 sources of the Heritage Area. 

3 (2) The level of public participation in the de4 velopment of the management plan. 

5 (3) The extent to which the board of trustees 

6 of the management entity is representative of the 

7 local governments affected and a wide range of in8 terested organizations and citizens. 

9 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec10 retary disapproves a management plan, the Secretary shall 

11 advise the management entity in writing of the reasons 

12 for the disapproval and shall make recommendations for 

13 revisions in the management plan. The Secretary shall ap14 prove or disapprove a proposed revision not later than 90 

15 days after the date it is submitted. 

16 (d) APPROVING CHANGES.—Amendments to the ap17 proved management plan for the Heritage Area that make 

18 substantial changes shall not be effective until approved 

19 by the Secretary under the same timeline as the manage20 ment plan was approved. 

21 SEC. 6. SUNSET. 

22 The Secretary may not provide any assistance under 

23 this Act after the expiration of the 10-year period begin24 ning on the date of the enactment of this Act. 


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1 SEC. 7. 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 or promoted under the management plan for 

6 the Heritage Area until the owner of that private property 

7 has— 

8 (1) been notified in writing by the management 

9 entity; and 

10 (2) given written consent to the management 

11 entity for such preservation or promotion. 

12 (b) LANDOWNER WITHDRAWAL.—Any owner of pri13 vate property included within the boundary of the Herit14 age Area shall have their property immediately removed 

15 from the boundary by submitting a written request to the 

16 management entity. 

17 (c) CHANGE OF OWNERSHIP.—If private property in18 cluded within the boundary of the Heritage Area has been 

19 excluded from the Heritage Area or has not been pre20 served or promoted under the management plan for the 

21 Heritage Area because the owner has not given or has 

22 withdrawn consent, upon change of ownership of that pri23 vate property, the management entity may request consent 

24 from the new owners. 


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1 SEC. 8. 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

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

17 modify the authority of Federal, State, or local govern18 ments to regulate land use. 

19 (d) COMPENSATION FOR LOST USE.—If a local gov20 ernmental entity within the boundaries of the Heritage 

21 Area promulgates new land use regulations following the 

22 date of the enactment of this Act that restrict the use of 

23 private property, or any interest therein, thereby reducing 

24 the value of the property, then that governmental agency 

25 shall pay the owner of the property just compensation in 

26 an amount no less than the fair market value of the lost 


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1 use as of the date that the owner makes written request 

2 for compensation. The local governmental entity shall 

3 compensate the property owner not later than 180 day 

4 after receiving the property owners written request for 

5 compensation. 

6 (e) FAIR MARKET VALUE.—For purposes of this Act, 

7 ‘‘fair market value’’ is the price a buyer would be willing 

8 to pay for the affected portion of the private property, in9 cluding business losses, if such private property was placed 

10 on the market by a willing seller. Such fair market value 

11 shall be determined by an appraisal by two or more li12 censed, independent appraisers. If substantial differences 

13 exist between appraisals commissioned by the property 

14 owner and by the local governmental entity, fair market 

15 value shall either be an amount agreed to by the property 

16 owner and the public entity, or by an independent ap17 praiser jointly selected by both. 

18 (f) FAILURE TO COMPLY.—Any local government en19 tity that fails to comply with subsection (d) shall not be 

20 eligible to participate in the Heritage Area and shall be 

21 barred from receiving any Federal funds for a period of 

22 3 years. 

23 (g) PARTICIPATION OF PRIVATE PROPERTY OWNERS

24 IN HERITAGE AREA.—Nothing in this Act shall be con25 strued to require the owner of any private property located 


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1 within the boundaries of the Heritage Area to participate 

2 in or be associated with the Heritage Area. 

3 (h) EFFECT OF ESTABLISHMENT.—The boundaries 

4 designated for the Heritage Area represent the area within 

5 which specific, eligible localities have been included in the 

6 area. The establishment of the Heritage Area and its 

7 boundaries shall not be construed to provide any non8 existing regulatory authority on land use within the Herit9 age Area or its viewshed by the Secretary, the National 

10 Park Service, or the management entity. 

11 SEC. 9. FEDERAL ADVISORY COMMITTEE ACT. 

12 (a) IN GENERAL.—The Federal Advisory Committee 

13 Act shall not apply to the Board of Trustees of the Herit14 age Area. 

15 (b) COMPLIANCE.—Notwithstanding subsection (a), 

16 the Board of Trustees shall be appointed and operate in 

17 a manner consistent with all provisions of the Federal Ad18 visory Committee Act with respect to— 

19 (1) the balance of its membership; 

20 (2) provision of public notice regarding its ac21 tivities; 

22 (3) open meetings; and 

23 (4) public access to documents created by 

24 Board of Trustees. 

Æ 


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