I
104TH CONGRESS
1ST SESSION
H. R. 1961
To designate the Tennessee Civil War Heritage Area, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 1995
Mr. GORDON (for himself, Mr. QUILLEN, Mr. FORD, Mr. CLEMENT, Mr. TAN-
NER, and Mr. WAMP) introduced the following bill; which was referred
to the Committee on Resources
A BILL
To designate the Tennessee Civil War Heritage Area, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) there are situated in the State of Tennessee
the sites of several key Civil War battles, campaigns,
and engagements;
(2) certain sites, battlefields, structures, and
areas in Tennessee are collectively of national sig-
nificance in the history of the Civil War;
(3) the Civil War Sites Advisory Commission,
established by Congress in 1991, identified 38 sites
in Tennessee as significant;
(4) the preservation and interpretation of these
sites will make an important contribution to the un-
derstanding of the heritage of the United States;
(5) the preservation of Civil War sites within a
regional framework requires cooperation among local
property owners and Federal, State, and local gov-
ernment entities; and
(6) partnerships between Federal, State, and
local governments and their regional entities, and
the private sector, offer the most effective opportuni-
ties for the enhancement and management of the
Civil War battlefields and related sites located in
Tennessee.
(b) PURPOSES.—The purposes of this Act are—
(1) to preserve, conserve, and interpret the leg-
acy of the Civil War in Tennessee;
(2) to recognize and interpret important events
and geographic locations representing key Civil War
battles, campaigns, and engagements in Tennessee;
(3) to recognize and interpret the effect of the
Civil War on the civilian population of Tennessee
during the war and postwar reconstruction period;
and
(4) to create partnerships among Federal,
State, and local governments and their regional enti-
ties, and the private sector to preserve, conserve, en-
hance, and interpret the battlefields and associated
sites associated with the Civil War in Tennessee.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ‘‘national heritage area’’ means
the Tennessee Civil War Heritage Area as des-
ignated pursuant to section 3.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘compact’’ means the compact
approved under section 4.
(4) The term ‘‘management plan’’ means the
management plan submitted under section 5.
SEC. 3. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) DESIGNATION.—Upon publication by the Sec-
retary in the Federal Register of notice that a compact
regarding the Tennessee Civil War Heritage Area has
been approved by the Secretary in accordance with this
Act, there shall be designated the Tennessee Civil War
Heritage Area.
(b) BOUNDARIES.—The Tennessee Civil War Herit-
age Area shall be comprised of areas of the State of Ten-
nessee depicted on the map entitled ‘‘Tennessee Civil War
Heritage Area’’. The map shall be on file and available
for public inspection in the office of the Director of the
National Park Service.
(c) ADMINISTRATION.—The national heritage area
shall be administered in accordance with the compact and
the management plan.
SEC. 4. COMPACT.
(a) COMPACT.—The compact referred to in section
3(a) shall include information relating to the objectives
and management of the area proposed for designation as
a national heritage area. Such information shall include
(but not be limited to) each of the following:
(1) A delineation of the boundaries of the pro-
posed National Heritage Area.
(2) A discussion of the goals and objectives of
the proposed national heritage area, including an ex-
planation of the approach, proposed by the partners
referred to in paragraph (4), to conservation and in-
terpretation of resources.
(3) An identification and description of the
management entity that will administer the proposed
national heritage area.
(4) A list of the initial partners to be involved
in developing and implementing the management
plan for the proposed national heritage area, and a
statement of the financial commitment of the part-
ners.
(5) A description of the role of the State of
Tennessee.
(b) PREPARATION OF AND ACTIONS CALLED FOR IN
COMPACT.—The compact shall be prepared with public
participation. Actions called for in the compact shall be
likely to be initiated within a reasonable time after des-
ignation of the proposed national heritage area and shall
ensure effective implementation of the State and local as-
pects of the compact.
(c) APPROVAL AND DISAPPROVAL OF COMPACTS.—
(1) The Secretary, in consultation with the Governor of
Tennessee, shall approve or disapprove the proposed com-
pact not later than 90 days after receiving such compact.
(2) If the Secretary disapproves a proposed compact,
the Secretary shall advise, in writing, the reasons for the
disapproval and shall make recommendations for revisions
of the proposed compact. The Secretary shall approve or
disapprove a proposed revision to such a compact within
90 days after the date on which the revision is submitted
to the Secretary.
SEC. 5. MANAGEMENT.
(a) MANAGEMENT PLANS.—A management plan sub-
mitted under this Act for the national heritage area shall
present comprehensive recommendations for the conserva-
tion, funding, management, and development of the area.
The management plan shall—
(1) be prepared with public participation;
(2) take into consideration existing Federal,
State, county, and local plans and involve residents,
public agencies, and private organizations in the
area;
(3) include a description of actions that units of
government and private organizations are rec-
ommended to take to protect the resources of the
area;
(4) specify existing and potential sources of
funding for the conservation, management, and de-
velopment of the area; and
(5) include the following, as appropriate:
(A) An inventory of the resources con-
tained in the national heritage area, including a
list of property in the area that should be con-
served, restored, managed, developed, or main-
tained because of the natural, cultural, or his-
toric significance of the property as it relates to
the themes of the area.
(B) A recommendation of policies for re-
source management that consider and detail the
application of appropriate land and water man-
agement techniques, including (but not limited
to) the development of intergovernmental coop-
erative agreements to manage the historical,
cultural, and natural resources and the rec-
reational opportunities of the area in a manner
consistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for res-
toration and construction, for implementation
of the management plan by the management
entity specified in the compact for the area and
specific commitments, for the first 5 years of
operation of the plan, by the partners identified
in the compact.
(D) An analysis of means by which Fed-
eral, State, and local programs may best be co-
ordinated to promote the purposes of this Act.
(E) An interpretive plan for the National
Heritage Area.
(b) MANAGEMENT ENTITIES.—The management en-
tity for the national heritage area shall do each of the fol-
lowing:
(1) Develop and submit to the Secretary a man-
agement plan not later than three years after the
date of the designation of the area as a national her-
itage area.
(2) Give priority to the implementation of ac-
tions, goals, and policies set forth in the compact
and management plan for the area, including—
(A) assisting units of government, regional
planning organizations, and nonprofit organiza-
tions—
(i) in conserving the national heritage
area;
(ii) in establishing and maintaining
interpretive exhibits in the area;
(iii) in developing recreational oppor-
tunities in the area;
(iv) in increasing public awareness of
and appreciation for the natural, historical,
and cultural resources of the area;
(v) in the restoration of historic build-
ings that are located within the boundaries
of the area and relate to the themes of the
area; and
(vi) in ensuring that clear, consistent,
and environmentally appropriate signs
identifying access points and sites of inter-
est are put in place throughout the area;
and
(B) consistent with the goals of the man-
agement plan, encouraging economic viability in
the affected communities by appropriate means.
(3) In developing and implementing the man-
agement plan for the area, consider the interests of
diverse units of government, businesses, private
property owners, and nonprofit groups within the ge-
ographic area.
(4) Conduct public meetings at least quarterly
regarding the implementation of the management
plan for the area.
(c) CLEARING HOUSE.—The Congress recognizes the
Center for Historic Preservation at Middle Tennessee
State University as the clearing house for the Tennessee
Civil War Heritage Area.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) SECRETARY
OF
THE
INTERIOR.—The Sec-
retary—
(1) may provide technical assistance to units of
government and private nonprofit organizations re-
garding feasibility studies and the compact and,
upon request of the management entity for the na-
tional heritage area, regarding the management plan
and its implementation;
(2) may not, as a condition of the award of
technical assistance under this section, require any
recipient of such technical assistance to enact or
modify land use restrictions; and
(3) may not make limitations on fishing, hunt-
ing, or trapping a condition for the approval of the
compact or the determination of eligibility for tech-
nical assistance under this section.
(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any
Federal entity conducting any activity directly affecting
the national heritage area shall consider the potential ef-
fect of the activity on the management plan for the area
and shall consult with the Governor of Tennessee with re-
spect to the activity to minimize the adverse effects of the
activity on the area.
SEC. 7. SAVINGS PROVISIONS.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this Act shall be construed to modify,
enlarge, or diminish any authority of the Federal, State,
or local governments to regulate any use of land as pro-
vided for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS OF EN-
TITY.—Nothing in this Act shall be construed to grant
powers of zoning or land use to any management entity
for the national heritage area.
(c) FISH AND WILDLIFE.—The designation of the
national heritage area shall not diminish the authority of
the State of Tennessee to manage fish and wildlife, includ-
ing the regulation of fishing and hunting within such area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this Act.
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