I 

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. 

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 ‘‘Fort Monroe National 

5 Historical Park Establishment Act’’. 

6 SEC. 2. DEFINITIONS AND PURPOSE. 

7 (a) DEFINITIONS.—In this Act: 

8 (1) COMMONWEALTH.—The term ‘‘Common9 wealth’’ means the Commonwealth of Virginia and 

10 any management entity or political subdivision creVerDate Mar 15 2010 23:11 Jul 08, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2456.IH H2456

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1 ated by the Commonwealth of Virginia for the plan2 ning, management and reuse of lands, buildings or 

3 structures reverting to or conveyed to the Common4 wealth as a result of the implementation of the rec5 ommendations of the Defense Base Closure and Re6 alignment Commission contained in the report of the 

7 Commission transmitted by the President to Con8 gress in accordance with section 2914(e) of the De9 fense Base Closure and Realignment Act of 1990 

10 (part A of title XXIX of Public Law 101–510; 10 

11 U.S.C. 2687 note) on September 15, 2005. 

12 (2) FORT.—The term ‘‘fort’’ means the third 

13 system fortification historically referred to as ‘‘For14 tress Monroe’’ including its moat, and the lands and 

15 improvements within the fort and adjacent to the 

16 outside perimeter of the moat. 

17 (3) HISTORIC AREA.—The term ‘‘historic area’’ 

18 means the area of the Fort Monroe National His19 toric Landmark outside of the boundary of the park. 

20 (4) HISTORIC RESOURCES.—The term ‘‘historic 

21 resources’’ means any lands, cultural landscapes, 

22 buildings or structures within the fort, and lying ad23 jacent to the fort within the connecting road system 

24 formed by Fenwick Road, Ingalls Road, Murray 


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1 Road, Patch Road, Griffith Street, and Bomford 

2 Lane. 

3 (5) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the general management plan for 

5 the park to be developed under section 4(i). 

6 (6) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Fort Monroe National Historical Park Pro8 posed Boundary’’, numbered 250/107,111, and 

9 dated June 24, 2011. 

10 (7) NATURAL AND RECREATIONAL RE11 SOURCES.—The term ‘‘natural and recreational re12 sources’’ means any lands and submerged lands 

13 lying within and associated with the North Beach 

14 area of Fort Monroe as depicted on the map. 

15 (8) PARK.—The term ‘‘park’’ means the Fort 

16 Monroe National Historical Park established by sec17 tion (3)(a). 

18 (9) PROJECT.—The term ‘‘project’’ means any 

19 activity, restoration, rehabilitation, interpretive ex20 hibits or devices, or physical improvements for which 

21 Federal funds have been expended. 

22 (10) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the Interior. 

24 (b) PURPOSE.—The purpose of the park is to pre25 serve the historic and natural resources of Fort Monroe, 


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1 provide land and water-based recreational opportunities, 

2 and interpret for the benefit of present and future genera3 tions— 

4 (1) Old Point Comfort, its relationship to the 

5 voyages of Captain John Smith, its location as the 

6 first entry place of captive Africans into English 

7 North America, its use for successive fortifications, 

8 and its role in the War of 1812; 

9 (2) the development and use of Fort Monroe as 

10 a coastal defense facility and artillery training cen11 ter, including its military and community life; 

12 (3) the fort’s role in the Civil War, including as 

13 a haven for those escaping enslavement during that 

14 war, and the formation and service of United States 

15 Colored Troop units stationed at Fort Monroe; 

16 (4) persons and events associated with the fort, 

17 which contributed to its and the Nation’s history, 

18 and their relevance to modern society; and 

19 (5) the natural and recreational resource values 

20 associated with Fort Monroe. 

21 SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK. 

22 (a) ESTABLISHMENT.—There is established in the 

23 Commonwealth of Virginia a unit of the National Park 

24 System to be known as the ‘‘Fort Monroe National Histor25 ical Park’’. 


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1 (b) BOUNDARY.—The park boundary shall generally 

2 consist of the fort, the historic resources, and the North 

3 Beach and associated submerged lands, as generally de4 picted on the map. 

5 (c) AVAILABILITY OF MAP.—The official boundary 

6 map shall be on file and available for public inspection 

7 in the appropriate offices of the National Park Service. 

8 SEC. 4. ADMINISTRATION. 

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

10 the park in accordance with— 

11 (1) this Act; and 

12 (2) the laws generally applicable to units of the 

13 National Park System, including— 

14 (A) the National Park Service Organic Act 

15 (16 U.S.C. 1 et seq.); and 

16 (B) the Act of August 21, 1935 (49 Stat. 

17 666, 16 U.S.C. 461 et seq.). 

18 (b) FEDERAL, COMMONWEALTH, AND LOCAL JURIS19 DICTION.— 

20 (1) FEDERAL AUTHORITY.—Except as other21 wise provided in this Act, nothing shall enlarge, di22 minish or modify any authority of the United States 

23 to carry out Federal laws and regulations on Federal 

24 land located within the boundary of the park. 


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1 (2) COMMONWEALTH AUTHORITY.—Nothing in 

2 this Act enlarges, diminishes, or modifies any au3 thority of the Commonwealth, or any political sub4 division of the Commonwealth— 

5 (A) to exercise civil and criminal jurisdic6 tion unless an agreement for concurrent juris7 diction is executed and modifies Commonwealth 

8 or local government jurisdiction in any way; or 

9 (B) to carry out Commonwealth laws, reg10 ulations and rules on non-Federal land located 

11 within the boundary of the park. 

12 (c) NO NET LOSS OF COMMONWEALTH OWNED

13 BUILDINGS AND STRUCTURES.—In the event of loss or 

14 authorized demolition of buildings or structures within the 

15 Fort Monroe National Historic Landmark District, re16 placement of the square footage from such loss or demoli17 tion shall be permitted provided that such construction 

18 complies with the Secretary’s Standards for the Treat19 ment of Historic Properties, and Section 106 of the Na20 tional Historic Preservation Act as applicable. 

21 (d) AUTHORIZATION OF EX-OFFICIO APPOINT22 MENTS.—The Superintendent of the park is authorized to 

23 serve as an ex-officio member of such boards or commit24 tees affecting Fort Monroe that the Secretary deems beneVerDate Mar 15 2010 23:11 Jul 08, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2456.IH H2456

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1 ficial to the preservation of park resources and which fur2 ther the interpretive or educational purposes of the park. 

3 (e) COOPERATIVE AGREEMENTS AND VISITOR SERV4 ICES.— 

5 (1) IN GENERAL.—Subject to the provisions of 

6 this section and as the Secretary determines to be 

7 appropriate to carry out this section, the Secretary 

8 may enter into cooperative agreements with the 

9 Commonwealth or any other party under which the 

10 Secretary may identify, interpret, and provide assist11 ance for the preservation of non-Federal properties 

12 within the boundary of the park and within the his13 toric area. This includes, but is not limited to, the 

14 placement of directional and interpretive signage, 

15 wayside exhibits, and technology-based interpretive 

16 devices. 

17 (2) LIMITATIONS.—The Secretary shall not 

18 enter into any cooperative agreement pursuant to 

19 this section until the Secretary— 

20 (A) determines that sufficient historic, nat21 ural and recreational resources have been ac22 quired to constitute a manageable unit and that 

23 easements have been acquired on the remaining 

24 historic and natural resources within the bound25 ary of the park sufficient to ensure the integrity 


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1 of the historic, natural and recreational re2 sources of the park; and 

3 (B) has entered into a written agreement 

4 with the Commonwealth providing— 

5 (i) for an effective process for ensur6 ing that the future uses of historic, natural 

7 and recreational resources within and adja8 cent to the boundary of the park will be 

9 compatible with its designation as a unit of 

10 the National Park System; and 

11 (ii) arrangements, cooperatively deter12 mined between the Secretary and the Com13 monwealth, along with contributions to be 

14 made by any other party for the sharing of 

15 the costs of maintenance and utilities nec16 essary for the operation and maintenance 

17 of the park. 

18 (3) PRIORITY RESOURCES.—For purposes of 

19 subsection (e)(2)(A), acquisition of interests in the 

20 following properties shall be given priority consider21 ation: 

22 (A) The Old Headquarters Building 

23 (Building #1). 

24 (B) The Bachelors Officers Quarters 

25 (Building #50). 


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1 (C) Lee’s Quarters (Building #17). 

2 (D) The Parade Ground. 

3 (E) Casemate #22. 

4 (F) The North Beach and associated sub5 merged lands as depicted on the map. 

6 (G) A right of way appropriate to the cul7 tural and natural resource park setting for pub8 lic access between the fort and the North Beach 

9 area as depicted on the map, or in a location 

10 agreed upon by the Secretary and the Common11 wealth. 

12 (4) ADAPTIVE REUSE.—Nothing in this Act is 

13 intended to inhibit the Commonwealth from pro14 viding for the adaptive reuse of the interior of any 

15 non-federally owned historic resource for such com16 patible uses determined pursuant to subsection 

17 (e)(2)(B) that are conducted in accordance with the 

18 Secretary’s Standards for the Treatment of Historic 

19 Properties. 

20 (5) JOINT VISITOR SERVICES FACILITIES.— 

21 Should the Secretary determine that the visitor ex22 perience to the park would be enhanced and cost ef23 ficiencies otherwise achieved, the Secretary is au24 thorized to provide no greater than 50 percent of the 

25 costs of design and rehabilitation of non-federally 


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1 owned structures or buildings in the park, or within 

2 the historic area, for park operations and visitor 

3 services including the design, construction and in4 stallation of exhibits, and to jointly operate and 

5 maintain such facilities with the Commonwealth. 

6 (6) FORT MONROE FOUNDATION.—The Sec7 retary is encouraged to explore the feasibility of a 

8 partnership agreement with the Fort Monroe Foun9 dation that would benefit the preservation and inter10 pretation of resources within the park. 

11 (7) TERMS AND CONDITIONS OF AGREE12 MENTS.—Any cooperative agreement entered into 

13 under paragraph (1) shall include terms and condi14 tions that ensure that— 

15 (A) the Secretary, acting through the Di16 rector of the National Park Service, shall have 

17 the right of access at all reasonable times to all 

18 public portions of the property covered by the 

19 agreement for the purposes of— 

20 (i) conducting visitors through the 

21 properties; and 

22 (ii) interpreting the properties for the 

23 public; 

24 (B) no changes or alterations shall be 

25 made to any properties covered by a cooperative 


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1 agreement entered into under paragraph (1) 

2 unless the Secretary and the other party to the 

3 agreement agree to the changes or alterations; 

4 (C) any conversion, use, or disposal of a 

5 project for purposes contrary to the purposes of 

6 this section, as determined by the Secretary, 

7 shall entitle the United States to reimburse8 ment in an amount equal to the greater of— 

9 (i) the amounts made available to the 

10 project by the United States; or 

11 (ii) the portion of the increased value 

12 of the project attributable to the amounts 

13 made available under this subsection, as 

14 determined at the time of the conversion, 

15 use, or, disposal. 

16 (8) MATCHING FUNDS.— 

17 (A) IN GENERAL.—With the exception of 

18 the placement of directional and interpretive 

19 signage, wayside exhibits, and technology-based 

20 interpretive devices, the Secretary shall require, 

21 as a condition of the receipt of funds under 

22 paragraph (1) that any Federal funds made 

23 available under a cooperative agreement or for 

24 joint visitor services facilities shall be matched 

25 on an equal basis by non-Federal funds. 


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1 (B) IN-KIND.—With the approval of the 

2 Secretary, the non-Federal share required 

3 under paragraph (1) may be in the form of 

4 property, goods, or services from a non-Federal 

5 source, fairly valued. 

6 (f) ACQUISITION OF LAND.— 

7 (1) IN GENERAL.—The Secretary may acquire 

8 lands or interests in land within the boundary of the 

9 park by donation, purchase from a willing seller with 

10 donated or appropriated funds, or exchange. The 

11 Secretary shall give priority to acquisition of land or 

12 interests in land for the properties listed in sub13 section (e)(3). 

14 (2) DONATION OF COMMONWEALTH-OWNED

15 LAND.—Lands or interests in land owned by the 

16 Commonwealth or any political subdivision of the 

17 Commonwealth may only be acquired by donation. 

18 (3) EASEMENTS AND RIGHTS OF ACCESS.—The 

19 Commonwealth may retain, or the Secretary may 

20 grant such easements or rights of access as may be 

21 necessary for the maintenance and operations of 

22 utilities, infrastructure, and transportation subject 

23 to the Secretary’s determination that there will be 

24 no impairment to park resources or impacts on vis25 itor experiences in the park. 


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1 (g) TECHNICAL ASSISTANCE AND PUBLIC INTERPRE2 TATION.—The Secretary may provide technical assistance 

3 and public interpretation of natural, historic and cultural 

4 resources within the historic area, as well as at any sites 

5 in close proximity to the park outside of the historic area 

6 that are related to events or persons associated with Fort 

7 Monroe including encampments or cemeteries of formerly 

8 enslaved persons freed at Fort Monroe during the Civil 

9 War. The Secretary may provide for the coordination of 

10 interpretation between the park and the Captain John 

11 Smith Chesapeake National Historic Trail for any re12 sources within the boundary of the park that may relate 

13 to the trail. 

14 (h) OLD POINT COMFORT LIGHTHOUSE.— 

15 (1) IN GENERAL.—The Secretary and the Sec16 retary of Homeland Security shall, within 1 year of 

17 the date of enactment of this Act, enter into an 

18 interagency agreement for the long-term protection 

19 and public interpretation of the Old Point Comfort 

20 Lighthouse. 

21 (2) CIRCUMSTANCES OF AGREEMENT.—The 

22 agreement shall specify the circumstances under 

23 which the Secretary may provide for interpretation 

24 and visitor enjoyment of the lighthouse and its 

25 grounds. 


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1 (3) NO LIMITATIONS ON AUTHORITY.—Nothing 

2 in this subsection is intended to limit the Secretary 

3 of Homeland Security’s authorities for use of the 

4 lighthouse for navigational or national security pur5 poses. 

6 (i) MANAGEMENT PLAN.— 

7 (1) IN GENERAL.—Not later than 3 fiscal years 

8 after the date on which funds are made available, 

9 the Secretary, in consultation with the Common10 wealth, shall complete a management plan for the 

11 park in accordance with— 

12 (A) section 12(b) of the National Park 

13 System General Authorities Act (16 U.S.C. 1a– 

14 7(b)); and 

15 (B) other applicable laws. 

16 (2) CONSIDERATION OF COMMONWEALTH LAWS, 

17 PLANS AND AGREEMENTS.—In developing the man18 agement plan the Secretary shall consider— 

19 (A) the Fort Monroe Reuse Plan. 

20 (B) the Fort Monroe Programmatic Agree21 ment dated April 27, 2009, as may be amended 

22 after the date of this Act; and 

23 (C) the Commonwealth of Virginia Fort 

24 Monroe Authority Act. 


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1 (3) COST SHARE.—The management plan shall 

2 include provisions that identify any costs to be 

3 shared by the Federal Government and the Com4 monwealth, and other public or private entities or in5 dividuals for necessary capital improvements to and 

6 maintenance and operations of the park. 

7 (j) LIMITATION OF LIABILITY.—The National Park 

8 Service and the Commonwealth shall not be responsible 

9 for liabilities outside of their respective property owner10 ships except as mutually agreed upon in writing. 

11 (k) UNIFORM AND CONSISTENT MANAGEMENT.— 

12 The Secretary and the Commonwealth are encouraged to 

13 cooperate to ensure that the park is preserved, maintained 

14 and operated in a uniform and consistent manner. 

15 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this Act. 

Æ 


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