IIA
104TH CONGRESS
1ST SESSION
H. R. 1091
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 20 (legislative day, SEPTEMBER 5), 1995
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To improve the National Park System in the Commonwealth
of Virginia.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—RICHMOND NATIONAL
BATTLEFIELD PARK
SEC. 101. MODIFICATION OF BOUNDARY.
The first section of the Act of March 2, 1936 (Chap-
ter 113; 49 Stat. 1155), is amended to read as follows:
‘‘SECTION 1. (a) In order to preserve the site of the
1862 Peninsula Campaign and the 1864–65 battle of
Richmond, in the vicinity of Richmond, Virginia, as a na-
tional battlefield park for the benefit and inspiration of
the people of the United States, there is hereby estab-
lished, subject to existing rights, the Richmond National
Battlefield Park (hereinafter in this Act referred to as the
‘Park’).
‘‘(b) The Park shall consist of—
‘‘(1) lands, waters, and interests therein within
the area generally depicted on the map entitled
‘Richmond National Battlefield Park, Land Status
Map’, numbered 367/92,000, and dated September
1993; and
‘‘(2) upon donation of title acceptable to the
Secretary of the Interior (and acceptance by the Sec-
retary), the following tracts: a tract of 750 acres at
Malvern Hill, a tract of 15 acres at Beaver Dam
Creek, a tract of 100 acres at Cold Harbor, and a
tract of 42 acres at Bethesda Church.
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‘‘(c) As soon as practicable, the Secretary of the Inte-
rior shall complete a boundary map (including tracts re-
ferred to in subsection (b)(2)) for the Park. The map re-
quired by this subsection and the map referred to in sub-
section (b)(1) shall be on file and available for public in-
spection in the office of the National Park Service, De-
partment of the Interior.
‘‘(d) The Congress recognizes the national signifi-
cance of the Battle of New Market Heights and declares
it to be in the public interest to ensure the preservation
of the New Market Heights Battlefield so that an impor-
tant aspect of American history can be interpreted to the
public. The Congress directs the Secretary to work coop-
eratively with the Commonwealth of Virginia, the county
of Henrico, Virginia, and property owners within or im-
pacted by the battlefield area to develop alternatives to
ensure implementation of these goals. The Secretary shall
submit a report outlining such alternatives to the Commit-
tee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate no later than June 1, 1996.’’.
SEC. 102. REPEAL OF PROVISION REGARDING PROPERTY
ACQUISITION.
The Act of March 2, 1936 (Chapter 113; 49 Stat.
1155), is amended by striking section 2.
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SEC. 103. ADMINISTRATION.
Section 3 of the Act of March 2, 1936 (Chapter 113;
49 Stat. 1156), is redesignated as section 2 and is amend-
ed by striking the period and inserting ‘‘, and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).’’.
TITLE II—SHENANDOAH
NATIONAL PARK
SEC. 201. MODIFICATION OF BOUNDARY.
(a) IN GENERAL.—The boundary of Shenandoah Na-
tional Park is hereby modified to include only those lands
and interests therein that, on the day before the date of
the enactment of this Act, were in Federal ownership and
were administered by the Secretary of the Interior (herein-
after in this title referred to as the ‘‘Secretary’’) as part
of the park. So much of the Act of May 22, 1926 (Chapter
363; 44 Stat. 616) as is inconsistent herewith is hereby
repealed.
(b) MINOR BOUNDARY ADJUSTMENTS
AND LAND
ACQUISITION.—
(1) MINOR
BOUNDARY
ADJUSTMENTS.—The
Secretary is authorized to make minor adjustments
to the boundary of Shenandoah National Park, as
modified by this title, to make essential improve-
ments to facilitate access to trailheads to the park
that exist on the day before the date of the enact-
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ment of this title, in cases in which there are no
practicable alternatives to such adjustments.
(2) LIMITATIONS ON LAND ACQUISITION.—
(A) IN
GENERAL.—Except as otherwise
provided in this subsection, the Secretary may
acquire lands and interests therein under this
subsection only by donation.
(B) ADDITIONAL
RESTRICTIONS.—When
acting under this subsection—
(i) the Secretary may add to the
Shenandoah National Park only lands and
interests therein that are contiguous with
Federal lands administered by the Sec-
retary as part of the park;
(ii) prior to accepting title to any
lands or interests therein, the Secretary
shall hold a public meeting in the county
in which such lands and interests are lo-
cated;
(iii) the Secretary shall not alter the
primary means of access of any private
landowner to the lands owned by such
landowner; and
(iv) the Secretary shall not cause any
property owned by a private individual, or
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any group of adjacent properties owned by
private individuals, to be surrounded on all
sides by land administered by the Sec-
retary as part of the park.
(c) MITIGATION OF IMPACTS AT ACCESS POINTS.—
The Secretary shall take all reasonable actions to mitigate
the impacts associated with visitor use at trailheads
around the perimeter of Shenandoah National Park. The
Secretary shall enlist the cooperation of the State and
local jurisdictions, as appropriate, in carrying out this sub-
section.
SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD
CORRIDORS.
(a) STATEMENT OF PURPOSE.—It is the purpose of
this section to permit the Commonwealth of Virginia to
maintain and provide for safe public use of certain roads
that the Commonwealth donated to the Federal Govern-
ment at the time of the establishment of Shenandoah Na-
tional Park.
(b) REQUIREMENT OF TRANSFER.—Not later than
180 days after the date of the enactment of this Act, the
Secretary of the Interior shall transfer to the Common-
wealth of Virginia, without consideration or reimburse-
ment, all right, title, and interest of the United States in
and to all county road corridors that were located within
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the Shenandoah National Park on the day before the date
of the enactment of this Act and are removed from such
Park by the boundary modification made by section 201.
(c) REVERSION.—Each transfer pursuant to this sec-
tion shall be made subject to the condition that if, at any
time, any county road corridor so transferred is no longer
used as a public roadway, all right, title, and interest in
the county road corridor shall revert to the United States.
(d) DEFINITIONS.—For purposes of this section:
(1) COUNTY
ROAD
CORRIDOR.—The term
‘‘county road corridor’’ means a corridor that is
comprised of any Shenandoah county road together
with an amount of land, which is contiguous with
the road and which is selected by the Secretary of
the Interior in consultation with the Governor of the
Commonwealth of Virginia, such that the total width
of the corridor is 50 feet.
(2) SHENANDOAH
COUNTY
ROAD.—The term
‘‘Shenandoah county road’’ means any portion of a
road that is open to public vehicle usage and that,
on the date of the enactment of this Act, constitutes
part of—
(A) Madison County Route 600;
(B) Rockingham County Route 624;
(C) Rockingham County Route 625;
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(D) Rockingham County Route 626;
(E) Warren County Route 604;
(F) Page County Route 759;
(G) Page County Route 611;
(H) Page County Route 682;
(I) Page County Route 662;
(J) Augusta County Route 611;
(K) Augusta County Route 619;
(L) Albemarle County Route 614;
(M) Augusta County Route 661;
(N) Rockingham County Route 663;
(O) Rockingham County Route 659;
(P) Page County Route 669;
(Q) Rockingham County Route 661;
(R) Criser Road (to Town of Front Royal);
or
(S) the government-owned parcel connect-
ing Criser Road to the Warren County School
Board parcel.
TITLE III—COLONIAL NATIONAL
HISTORICAL PARK
SEC. 301. MODIFICATION OF BOUNDARY.
Notwithstanding the provisions of the Act of June 28,
1938 (52 Stat. 1208; 16 U.S.C. 81b, 81d), limiting the
average width of the Colonial Parkway, the Secretary of
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the Interior (hereinafter in this title referred to as the
‘‘Secretary’’) is authorized to include within the Colonial
National Historical Park, and to acquire by purchase, do-
nation or exchange, lands and interests in lands (with or
without improvements) within the areas depicted on the
map dated August 1993, numbered 333/80031A, and enti-
tled ‘‘Page Landing Addition to Colonial National Histori-
cal Park’’. Such map shall be on file and available for in-
spection in the offices of the National Park Service at Co-
lonial National Historical Park and in Washington, Dis-
trict of Columbia.
SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND
RIGHTS-OF-WAY.
(a) IN GENERAL.—The Secretary is authorized to
transfer, without reimbursement (except as provided in
subsection (c)), to York County, Virginia, any portion of
the existing sewage disposal system, including related im-
provements and structures, that is owned by the United
States and located within the Colonial National Historical
Park, together with such rights-of-way as the Secretary
determines to be necessary to maintain and operate such
system.
(b) REPAIR AND REHABILITATION OF SYSTEM.—The
Secretary is authorized to enter into a cooperative agree-
ment with York County, Virginia, under which the Sec-
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retary will pay a portion, not to exceed $110,000, of the
costs of repair and rehabilitation of the sewage disposal
system referred to in subsection (a).
(c) EFFECT OF AGREEMENT ON CHARGES, IMPACT,
AND ALTERATIONS.—In consideration for the rights-of-
way granted under subsection (a), in recognition of the
contribution authorized under subsection (b), and as a
condition of the transfer authorized by subsection (a), the
cooperative agreement under subsection (b) shall provide
for a reduction in, or the elimination of, the amounts
charged to the National Park Service for its sewage dis-
posal with respect to the Colonial National Historical
Park, shall provide for minimizing the impact of the park’s
sewage disposal system on the park and its resources, and
shall provide that such system may not be enlarged or sub-
stantially altered without the concurrence of the director
of the National Park Service.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $110,000 to
carry out section 302 and $830,000, or the current ap-
praised value of the lands and interests in lands referred
to in section 301, whichever is lower, to carry out section
301.
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TITLE IV—SHENANDOAH
VALLEY BATTLEFIELDS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Shenandoah Valley
Battlefields Partnership Act of 1995’’.
SEC. 402. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) there are situated in the Shenandoah Valley
in the Commonwealth of Virginia the sites of several
key Civil War battles;
(2) certain sites, battlefields, structures, and
districts in the Shenandoah Valley are collectively of
national significance in the history of the Civil War;
(3) in 1990, the Congress enacted legislation di-
recting the Secretary of the Interior to prepare a
comprehensive study of significant sites and struc-
tures associated with Civil War battles in the Shen-
andoah Valley;
(4) the study, which was completed in 1992,
found that many of the sites within the Shenandoah
Valley possess national significance and retain a
high degree of historical integrity;
(5) the preservation of Civil War sites within a
regional framework requires cooperation among local
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property owners and Federal, State, and local gov-
ernment entities; and
(6) partnerships between Federal, State, and
local governments, the regional entities of such gov-
ernments, and the private sector offer the most ef-
fective opportunities for the enhancement and man-
agement of the Civil War battlefields and related
sites in the Shenandoah Valley.
SEC. 403. STATEMENT OF PURPOSE.
The purposes of this title are to—
(1) preserve, conserve, and interpret the legacy
of the Civil War in the Shenandoah Valley;
(2) recognize and interpret important events
and geographic locations representing key Civil War
battles in the Shenandoah Valley, including those
battlefields associated with the Thomas J. (Stone-
wall) Jackson campaign of 1862 and the decisive
campaigns of 1864;
(3) recognize and interpret the effect of the
Civil War on the civilian population of the Shen-
andoah Valley during the war and postwar recon-
struction period; and
(4) create partnerships among Federal, State,
and local governments, the regional entities of such
governments, and the private sector to preserve, con-
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serve, enhance, and interpret the nationally signifi-
cant battlefields and related sites associated with the
Civil War in the Shenandoah Valley.
SEC. 404. DEFINITIONS.
For purposes of this title:
(1) BATTLEFIELD.—The term ‘‘battlefield’’
means 1 of 15 battlefields in the Shenandoah Valley,
as identified in the report.
(2) COMMISSION.—The term ‘‘Commission’’
means the Shenandoah Valley Battlefields Commis-
sion established by section 409.
(3) HISTORIC CORE.—The term ‘‘historic core’’
means the area that is so defined in the report, en-
compasses important components of a battle, and
provides a strategic context and geographic setting
for understanding the battle.
(4) HISTORIC PARK.—The term ‘‘historic park’’
means the Shenandoah Battlefields National His-
toric Park established under section 405(b).
(5) PLAN.—The term ‘‘plan’’ means the Shen-
andoah Valley Battlefields plan approved by the Sec-
retary under section 406.
(6) REPORT.—The term ‘‘report’’ means the re-
port prepared by the Secretary pursuant to the Civil
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War Sites Study Act of 1990 (Public Law 101–628;
16 U.S.C. 1a–5 note).
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(8) SHENANDOAH VALLEY.—The term ‘‘Shen-
andoah Valley’’ means the Shenandoah Valley in the
Commonwealth of Virginia.
SEC. 405. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL
HISTORIC PARK.
(a) AUTHORIZATION.—To carry out the purposes of
this title, there is hereby authorized to be established the
Shenandoah Valley Battlefields National Historic Park in
the Commonwealth of Virginia. The Secretary shall estab-
lish in the Shenandoah Valley an administrative office and
a location to provide information and interpretation with
respect to the battlefields.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Shenandoah Valley Bat-
tlefields National Historic Park is hereby established
upon publication by the Secretary in the Federal
Register that—
(A) the Secretary has determined that the
historic core of one or more of the battlefields
is protected adequately to ensure the long-term
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preservation of the historic core in accordance
with the plan; and
(B) the Secretary accepts administrative
jurisdiction of such historic core.
(2) CONTENTS OF HISTORIC PARK.—The his-
toric park shall consist of each historic core with re-
spect to which the Secretary publishes a notice
under paragraph (1).
(c) ADMINISTRATION.—The Secretary shall admin-
ister the historic park in accordance with this title and
with provisions of law generally applicable to the National
Park System, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2, 3, 4) and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461–467). The Sec-
retary shall protect, manage, and administer the historic
park for the purposes of preserving and interpreting its
natural, cultural, and historic resources and of providing
for public understanding and appreciation of the battle-
fields, in such a manner as to perpetuate these qualities
and values for future generations.
(d) LAND ACQUISITION.—If a historic core is in-
cluded in the historic park—
(1) the Secretary may accept title from any pri-
vate entity to any lands or interests therein within
the historic core; and
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(2) the Secretary may acquire from any willing
seller lands and interests therein within the bound-
ary of the historic core if the Secretary determines
that such acquisition is essential to avoid significant
changes to land use which the Secretary determines
would have a significant adverse effect on the his-
toric character of the historic core.
(e) LIVING HISTORY DEMONSTRATIONS AND BAT-
TLEFIELD ENACTMENTS.—The Secretary shall allow, at
any location in the historic park, any living history dem-
onstration or battlefield reenactment that is the same as
or substantially similar to a demonstration or reenactment
that occurred at such location at any time during the 12-
month period ending on the date of the enactment of this
Act. The Secretary may allow, at any location in the his-
toric park, any living history demonstration or battlefield
reenactment that is not described in the preceding sen-
tence but that the Secretary determines to be appropriate.
SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS PLAN.
(a) IN GENERAL.—The historic park shall be man-
aged by the Secretary pursuant to this title and the Shen-
andoah Valley Battlefields plan developed by the Commis-
sion and approved by the Secretary, as provided in this
section.
(b) SPECIFIC PROVISIONS.—The plan shall include—
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(6) identification of appropriate partnerships
between the Secretary, Federal, State, and local gov-
ernments and regional entities, and the private sec-
tor, in furtherance of the purposes of this title;
(7) proposed locations for visitor contact and
major interpretive facilities;
(8) provisions for implementing a continuing
program of interpretation and visitor education con-
cerning the resources and values of the battlefields
and historic core areas;
(9) provisions for a uniform valley-wide histori-
cal marker and wayside exhibit program, including a
provision for marking, with the consent of the
owner, historic structures and properties that are
contained within and contribute to the understand-
ing of the battlefields; and
(10) recommendations for means of ensuring
continued local involvement and participation in the
management, protection, and development of the
battlefields.
(c) PREPARATION OF DRAFT PLAN.—
(1) IN GENERAL.—Not later than 3 years after
the date on which the Commission conducts its first
meeting, the Commission shall submit to the Sec-
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retary a draft plan that meets the requirements of
subsection (b).
(2) ADDITIONAL
REQUIREMENTS.—Prior to
submitting the draft plan to the Secretary, the Com-
mission shall ensure that—
(A) the Commonwealth of Virginia, and
any political subdivision thereof that would be
affected by the plan, receives a copy of the
draft plan;
(B) adequate notice of the availability of
the draft plan is provided through publication
in appropriate local newspapers in the area of
the battlefields; and
(C) at least one public hearing in the vicin-
ity of the battlefields in the upper Shenandoah
Valley and one public hearing in the vicinity of
the battlefields in the lower Shenandoah Valley
is conducted by the Commission with respect to
the draft plan.
(d) REVIEW OF PLAN BY THE SECRETARY.—The
Secretary shall review the draft plan submitted under sub-
section (c) and, not later than 90 days after the date on
which the draft plan is submitted, shall either—
(1) approve the draft plan as the plan; or
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(2) reject the draft plan and recommend to the
Commission modifications that would make the draft
plan acceptable.
SEC. 407. COOPERATIVE AGREEMENTS.
(a) IN GENERAL.—In furtherance of the purposes of
this title, the Secretary may establish partnerships and
enter into cooperative agreements concerning lands, and
interests therein, within the battlefields with other Fed-
eral, State, or local agencies and private persons or organi-
zations.
(b) HISTORIC MONUMENTS.—The Secretary may
enter into an agreement with the owner of property that
is located in the battlefields and on which an historic
monument or tablet commemorating a relevant battle has
been erected prior to the date of the enactment of this
Act. The Secretary may make funds available for the
maintenance, protection, and interpretation of the monu-
ment or tablet, as the case may be, pursuant to the agree-
ment.
(c) AGREEMENTS AND PARTNERSHIPS NOT DEPEND-
ENT ON INCLUSION IN HISTORIC PARK.—The Secretary
may establish a partnership or enter into an agreement
under this section with respect to a battlefield regardless
of whether or not the historic core area of the battlefield
is included in the historic park.
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SEC. 408. TECHNICAL ASSISTANCE PROGRAM.
(a) TECHNICAL ASSISTANCE TO PROPERTY OWN-
ERS.—The Secretary may provide technical assistance to
owners of property located within the battlefields to pro-
vide for the preservation and interpretation of the natural,
cultural, and historical resources within the battlefields.
(b) TECHNICAL ASSISTANCE
TO GOVERNMENTAL
ENTITIES.—The Secretary, after consultation with the
Commission, may award grants and provide technical as-
sistance to governmental entities to assist with the plan-
ning, development, and implementation of comprehensive
plans, land use guidelines, regulations, ordinances, or
other appropriate documents, that are consistent with and
designed to protect the historic character of the battle-
fields.
(c) ASSISTANCE NOT DEPENDENT ON INCLUSION IN
PARK.—The Secretary may provide assistance under this
section with respect to a battlefield or historic core area
regardless of whether or not the battlefield or historic core
area is included in the Park.
SEC. 409. SHENANDOAH VALLEY BATTLEFIELDS COMMIS-
SION.
(a) ESTABLISHMENT.—There is hereby established
the Shenandoah Valley Battlefields Commission.
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(b) MEMBERSHIP.—The Commission shall be com-
posed of 19 members, to be appointed by the Secretary
as follows:
(1) 5 members representing local governments
of communities in the vicinity of the battlefields, ap-
pointed after the Secretary considers recommenda-
tions made by appropriate local governing bodies.
(2) 10 members representing property owners
within the battlefields (1 member within each unit of
the battlefields).
(3) 1 member with demonstrated expertise in
historic preservation.
(4) 1 member who is a recognized historian
with expertise in Civil War history.
(5) 1 member from a list of recommendations
made by the Governor of Virginia.
(6) 1 member representing the interests of the
National Park Service.
(c) APPOINTMENTS.—Members shall be appointed for
the life of the Commission.
(d) ELECTION OF OFFICERS.—The Commission shall
elect one of its members as Chairperson and one as Vice
Chairperson. The terms of office of the Chairperson and
Vice Chairperson shall be 2 years. The Vice Chairperson