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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2456 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2456

     To establish the Fort Monroe National Historical Park in the 
           Commonwealth of Virginia, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2011

 Mr. Rigell (for himself, Mr. Scott of Virginia, Mr. Wittman, and Mr. 
   Forbes) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
     To establish the Fort Monroe National Historical Park in the 
           Commonwealth of Virginia, 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.

    This Act may be cited as the ``Fort Monroe National Historical Park 
Establishment Act''.

SEC. 2. DEFINITIONS AND PURPOSE.

    (a) Definitions.--In this Act:
            (1) Commonwealth.--The term ``Commonwealth'' means the 
        Commonwealth of Virginia and any management entity or political 
        subdivision created by the Commonwealth of Virginia for the 
        planning, management and reuse of lands, buildings or 
        structures reverting to or conveyed to the Commonwealth as a 
        result of the implementation of the recommendations of the 
        Defense Base Closure and Realignment Commission contained in 
        the report of the Commission transmitted by the President to 
        Congress in accordance with section 2914(e) of the Defense Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) on September 15, 2005.
            (2) Fort.--The term ``fort'' means the third system 
        fortification historically referred to as ``Fortress Monroe'' 
        including its moat, and the lands and improvements within the 
        fort and adjacent to the outside perimeter of the moat.
            (3) Historic area.--The term ``historic area'' means the 
        area of the Fort Monroe National Historic Landmark outside of 
        the boundary of the park.
            (4) Historic resources.--The term ``historic resources'' 
        means any lands, cultural landscapes, buildings or structures 
        within the fort, and lying adjacent to the fort within the 
        connecting road system formed by Fenwick Road, Ingalls Road, 
        Murray Road, Patch Road, Griffith Street, and Bomford Lane.
            (5) Management plan.--The term ``management plan'' means 
        the general management plan for the park to be developed under 
        section 4(i).
            (6) Map.--The term ``map'' means the map entitled ``Fort 
        Monroe National Historical Park Proposed Boundary'', numbered 
        250/107,111, and dated June 24, 2011.
            (7) Natural and recreational resources.--The term ``natural 
        and recreational resources'' means any lands and submerged 
        lands lying within and associated with the North Beach area of 
        Fort Monroe as depicted on the map.
            (8) Park.--The term ``park'' means the Fort Monroe National 
        Historical Park established by section (3)(a).
            (9) Project.--The term ``project'' means any activity, 
        restoration, rehabilitation, interpretive exhibits or devices, 
        or physical improvements for which Federal funds have been 
        expended.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Purpose.--The purpose of the park is to preserve the historic 
and natural resources of Fort Monroe, provide land and water-based 
recreational opportunities, and interpret for the benefit of present 
and future generations--
            (1) Old Point Comfort, its relationship to the voyages of 
        Captain John Smith, its location as the first entry place of 
        captive Africans into English North America, its use for 
        successive fortifications, and its role in the War of 1812;
            (2) the development and use of Fort Monroe as a coastal 
        defense facility and artillery training center, including its 
        military and community life;
            (3) the fort's role in the Civil War, including as a haven 
        for those escaping enslavement during that war, and the 
        formation and service of United States Colored Troop units 
        stationed at Fort Monroe;
            (4) persons and events associated with the fort, which 
        contributed to its and the Nation's history, and their 
        relevance to modern society; and
            (5) the natural and recreational resource values associated 
        with Fort Monroe.

SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK.

    (a) Establishment.--There is established in the Commonwealth of 
Virginia a unit of the National Park System to be known as the ``Fort 
Monroe National Historical Park''.
    (b) Boundary.--The park boundary shall generally consist of the 
fort, the historic resources, and the North Beach and associated 
submerged lands, as generally depicted on the map.
    (c) Availability of Map.--The official boundary map shall be on 
file and available for public inspection in the appropriate offices of 
the National Park Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the park in 
accordance with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National 
        Park System, including--
                    (A) the National Park Service Organic Act (16 
                U.S.C. 1 et seq.); and
                    (B) the Act of August 21, 1935 (49 Stat. 666, 16 
                U.S.C. 461 et seq.).
    (b) Federal, Commonwealth, and Local Jurisdiction.--
            (1) Federal authority.--Except as otherwise provided in 
        this Act, nothing shall enlarge, diminish or modify any 
        authority of the United States to carry out Federal laws and 
        regulations on Federal land located within the boundary of the 
        park.
            (2) Commonwealth authority.--Nothing in this Act enlarges, 
        diminishes, or modifies any authority of the Commonwealth, or 
        any political subdivision of the Commonwealth--
                    (A) to exercise civil and criminal jurisdiction 
                unless an agreement for concurrent jurisdiction is 
                executed and modifies Commonwealth or local government 
                jurisdiction in any way; or
                    (B) to carry out Commonwealth laws, regulations and 
                rules on non-Federal land located within the boundary 
                of the park.
    (c) No Net Loss of Commonwealth Owned Buildings and Structures.--In 
the event of loss or authorized demolition of buildings or structures 
within the Fort Monroe National Historic Landmark District, replacement 
of the square footage from such loss or demolition shall be permitted 
provided that such construction complies with the Secretary's Standards 
for the Treatment of Historic Properties, and Section 106 of the 
National Historic Preservation Act as applicable.
    (d) Authorization of Ex-Officio Appointments.--The Superintendent 
of the park is authorized to serve as an ex-officio member of such 
boards or committees affecting Fort Monroe that the Secretary deems 
beneficial to the preservation of park resources and which further the 
interpretive or educational purposes of the park.
    (e) Cooperative Agreements and Visitor Services.--
            (1) In general.--Subject to the provisions of this section 
        and as the Secretary determines to be appropriate to carry out 
        this section, the Secretary may enter into cooperative 
        agreements with the Commonwealth or any other party under which 
        the Secretary may identify, interpret, and provide assistance 
        for the preservation of non-Federal properties within the 
        boundary of the park and within the historic area. This 
        includes, but is not limited to, the placement of directional 
        and interpretive signage, wayside exhibits, and technology-
        based interpretive devices.
            (2) Limitations.--The Secretary shall not enter into any 
        cooperative agreement pursuant to this section until the 
        Secretary--
                    (A) determines that sufficient historic, natural 
                and recreational resources have been acquired to 
                constitute a manageable unit and that easements have 
                been acquired on the remaining historic and natural 
                resources within the boundary of the park sufficient to 
                ensure the integrity of the historic, natural and 
                recreational resources of the park; and
                    (B) has entered into a written agreement with the 
                Commonwealth providing--
                            (i) for an effective process for ensuring 
                        that the future uses of historic, natural and 
                        recreational resources within and adjacent to 
                        the boundary of the park will be compatible 
                        with its designation as a unit of the National 
                        Park System; and
                            (ii) arrangements, cooperatively determined 
                        between the Secretary and the Commonwealth, 
                        along with contributions to be made by any 
                        other party for the sharing of the costs of 
                        maintenance and utilities necessary for the 
                        operation and maintenance of the park.
            (3) Priority resources.--For purposes of subsection 
        (e)(2)(A), acquisition of interests in the following properties 
        shall be given priority consideration:
                    (A) The Old Headquarters Building (Building #1).
                    (B) The Bachelors Officers Quarters (Building #50).
                    (C) Lee's Quarters (Building #17).
                    (D) The Parade Ground.
                    (E) Casemate #22.
                    (F) The North Beach and associated submerged lands 
                as depicted on the map.
                    (G) A right of way appropriate to the cultural and 
                natural resource park setting for public access between 
                the fort and the North Beach area as depicted on the 
                map, or in a location agreed upon by the Secretary and 
                the Commonwealth.
            (4) Adaptive reuse.--Nothing in this Act is intended to 
        inhibit the Commonwealth from providing for the adaptive reuse 
        of the interior of any non-federally owned historic resource 
        for such compatible uses determined pursuant to subsection 
        (e)(2)(B) that are conducted in accordance with the Secretary's 
        Standards for the Treatment of Historic Properties.
            (5) Joint visitor services facilities.--Should the 
        Secretary determine that the visitor experience to the park 
        would be enhanced and cost efficiencies otherwise achieved, the 
        Secretary is authorized to provide no greater than 50 percent 
        of the costs of design and rehabilitation of non-federally 
        owned structures or buildings in the park, or within the 
        historic area, for park operations and visitor services 
        including the design, construction and installation of 
        exhibits, and to jointly operate and maintain such facilities 
        with the Commonwealth.
            (6) Fort monroe foundation.--The Secretary is encouraged to 
        explore the feasibility of a partnership agreement with the 
        Fort Monroe Foundation that would benefit the preservation and 
        interpretation of resources within the park.
            (7) Terms and conditions of agreements.--Any cooperative 
        agreement entered into under paragraph (1) shall include terms 
        and conditions that ensure that--
                    (A) the Secretary, acting through the Director of 
                the National Park Service, shall have the right of 
                access at all reasonable times to all public portions 
                of the property covered by the agreement for the 
                purposes of--
                            (i) conducting visitors through the 
                        properties; and
                            (ii) interpreting the properties for the 
                        public;
                    (B) no changes or alterations shall be made to any 
                properties covered by a cooperative agreement entered 
                into under paragraph (1) unless the Secretary and the 
                other party to the agreement agree to the changes or 
                alterations;
                    (C) any conversion, use, or disposal of a project 
                for purposes contrary to the purposes of this section, 
                as determined by the Secretary, shall entitle the 
                United States to reimbursement in an amount equal to 
                the greater of--
                            (i) the amounts made available to the 
                        project by the United States; or
                            (ii) the portion of the increased value of 
                        the project attributable to the amounts made 
                        available under this subsection, as determined 
                        at the time of the conversion, use, or, 
                        disposal.
            (8) Matching funds.--
                    (A) In general.--With the exception of the 
                placement of directional and interpretive signage, 
                wayside exhibits, and technology-based interpretive 
                devices, the Secretary shall require, as a condition of 
                the receipt of funds under paragraph (1) that any 
                Federal funds made available under a cooperative 
                agreement or for joint visitor services facilities 
                shall be matched on an equal basis by non-Federal 
                funds.
                    (B) In-kind.--With the approval of the Secretary, 
                the non-Federal share required under paragraph (1) may 
                be in the form of property, goods, or services from a 
                non-Federal source, fairly valued.
    (f) Acquisition of Land.--
            (1) In general.--The Secretary may acquire lands or 
        interests in land within the boundary of the park by donation, 
        purchase from a willing seller with donated or appropriated 
        funds, or exchange. The Secretary shall give priority to 
        acquisition of land or interests in land for the properties 
        listed in subsection (e)(3).
            (2) Donation of commonwealth-owned land.--Lands or 
        interests in land owned by the Commonwealth or any political 
        subdivision of the Commonwealth may only be acquired by 
        donation.
            (3) Easements and rights of access.--The Commonwealth may 
        retain, or the Secretary may grant such easements or rights of 
        access as may be necessary for the maintenance and operations 
        of utilities, infrastructure, and transportation subject to the 
        Secretary's determination that there will be no impairment to 
        park resources or impacts on visitor experiences in the park.
    (g) Technical Assistance and Public Interpretation.--The Secretary 
may provide technical assistance and public interpretation of natural, 
historic and cultural resources within the historic area, as well as at 
any sites in close proximity to the park outside of the historic area 
that are related to events or persons associated with Fort Monroe 
including encampments or cemeteries of formerly enslaved persons freed 
at Fort Monroe during the Civil War. The Secretary may provide for the 
coordination of interpretation between the park and the Captain John 
Smith Chesapeake National Historic Trail for any resources within the 
boundary of the park that may relate to the trail.
    (h) Old Point Comfort Lighthouse.--
            (1) In general.--The Secretary and the Secretary of 
        Homeland Security shall, within 1 year of the date of enactment 
        of this Act, enter into an interagency agreement for the long-
        term protection and public interpretation of the Old Point 
        Comfort Lighthouse.
            (2) Circumstances of agreement.--The agreement shall 
        specify the circumstances under which the Secretary may provide 
        for interpretation and visitor enjoyment of the lighthouse and 
        its grounds.
            (3) No limitations on authority.--Nothing in this 
        subsection is intended to limit the Secretary of Homeland 
        Security's authorities for use of the lighthouse for 
        navigational or national security purposes.
    (i) Management Plan.--
            (1) In general.--Not later than 3 fiscal years after the 
        date on which funds are made available, the Secretary, in 
        consultation with the Commonwealth, shall complete a management 
        plan for the park in accordance with--
                    (A) section 12(b) of the National Park System 
                General Authorities Act (16 U.S.C. 1a-7(b)); and
                    (B) other applicable laws.
            (2) Consideration of commonwealth laws, plans and 
        agreements.--In developing the management plan the Secretary 
        shall consider--
                    (A) the Fort Monroe Reuse Plan.
                    (B) the Fort Monroe Programmatic Agreement dated 
                April 27, 2009, as may be amended after the date of 
                this Act; and
                    (C) the Commonwealth of Virginia Fort Monroe 
                Authority Act.
            (3) Cost share.--The management plan shall include 
        provisions that identify any costs to be shared by the Federal 
        Government and the Commonwealth, and other public or private 
        entities or individuals for necessary capital improvements to 
        and maintenance and operations of the park.
    (j) Limitation of Liability.--The National Park Service and the 
Commonwealth shall not be responsible for liabilities outside of their 
respective property ownerships except as mutually agreed upon in 
writing.
    (k) Uniform and Consistent Management.--The Secretary and the 
Commonwealth are encouraged to cooperate to ensure that the park is 
preserved, maintained and operated in a uniform and consistent manner.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>
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