I
104TH CONGRESS
1ST SESSION
H. R. 763
To establish the Shenandoah Valley National Battlefields and Commission
in the Commonwealth of Virginia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 1995
Mr. WOLF (for himself, Mr. GOODLATTE, Mr. TRAFICANT, Mr. MORAN, and
Mr. GORDON) introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish the Shenandoah Valley National Battlefields
and Commission in the Commonwealth of Virginia, 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. SHORT TITLE.
This Act may be cited as the ‘‘Shenandoah Valley
National Battlefields Partnership Act of 1995’’.
SEC. 2. 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 and interpretation of these
sites will make a vital contribution to the under-
standing of the heritage of the United States;
(6) 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
(7) 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. 3. STATEMENT OF PURPOSE.
The purposes of this Act 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-
serve, enhance, and interpret the nationally signifi-
cant battlefields and related sites associated with the
Civil War in the Shenandoah Valley.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ‘‘battlefields’’ means the Shen-
andoah Valley National Battlefields established by
section 5.
(2) The term ‘‘Commission’’ means the Shen-
andoah Valley National Battlefields Commission es-
tablished by section 9.
(3) The term ‘‘historic core’’ means the area
that surrounds each unit of the battlefields, is de-
picted on the map referred to in section 5(a), encom-
passes important components of a conflict, and pro-
vides a strategic context and geographic setting for
understanding the conflict.
(4) The term ‘‘plan’’ means the Shenandoah
Valley National Battlefields plan approved by the
Secretary under section 6.
(5) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) The term ‘‘Shenandoah Valley’’ means the
Shenandoah Valley in the Commonwealth of Vir-
ginia.
SEC. 5. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.
(a) ESTABLISHMENT.—(1) To carry out the purposes
of this Act, there is hereby established the Shenandoah
Valley National Battlefields in the Commonwealth of Vir-
ginia. The battlefields shall consist of approximately 1,863
acres of lands and interests therein as generally depicted
on the map entitled ‘‘Shenandoah Valley National Battle-
fields’’, numbered SHVA/80,000, and dated April 1994,
comprising units at Cedar Creek, Cross Keys, Fisher’s
Hill, McDowell, New Market, Opequan, Port Republic,
Second Kernstown, Second Winchester, and Tom’s Brook.
(2) The map referred to in paragraph (1) shall be
on file and available for public inspection in the offices
of the Commission and in the appropriate offices of the
National Park Service.
(3) The Secretary may, with the advice of the Com-
mission and following an opportunity for public comment,
make minor revisions to the boundaries of the battlefields.
(b) ADMINISTRATION.—The Secretary shall admin-
ister the battlefields in accordance with this Act 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 Secretary shall
protect, manage, and administer the battlefields for the
purposes of preserving and interpreting their natural, cul-
tural, and historic resources and of providing for public
understanding and appreciation of the battlefields, in such
a manner as to perpetuate these qualities and values for
future generations.
(c) LAND ACQUISITION.—(1) Except as otherwise
provided in this subsection, the Secretary is authorized to
acquire lands and interests therein within the boundaries
of the battlefields by donation, purchase with donated or
appropriated funds, or exchange, except that no lands or
interests therein may be acquired under this Act except
with the consent of the owner thereof.
(2) Lands or interests therein that are located within
the battlefields or a historic core area and are owned by
the Commonwealth of Virginia, or a political subdivision
thereof, may be acquired by the Secretary under this Act
only by donation or exchange.
(3) The Secretary may not accept, under this Act,
donations of lands or interests therein acquired through
condemnation.
(d) LIVING HISTORY DEMONSTRATIONS AND BAT-
TLEFIELD ENACTMENTS.—The Secretary shall allow, at
any location in the battlefields, 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 bat-
tlefields, any living history demonstration or battlefield re-
enactment that is not described in the preceding sentence
but that the Secretary determines to be appropriate.
SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS
PLAN.
(a) IN GENERAL.—The battlefields shall be managed
by the Secretary pursuant to this Act and the Shenandoah
Valley National Battlefields plan developed by the Com-
mission and approved by the Secretary, as provided in this
section.
(b) SPECIFIC PROVISIONS.—The plan shall include—
(1) recommendations of potential boundary
modifications to the battlefields, including modifica-
tions to the boundaries of the historic core of each
unit, and the potential addition of new units to the
battlefields;
(2) provisions for the management, protection,
and interpretation of the natural, cultural, and his-
torical resources of the battlefields, consistent with
the purposes of this Act;
(3) recommendations to the Commonwealth of
Virginia (and political subdivisions thereof) for the
management, protection, and interpretation of the
natural, cultural, and historical resources of the his-
toric core areas;
(4) the information described in section 12(b)
of Public Law 91–383 (16 U.S.C. 1a–7(b)) (pertain-
ing to the preparation of general management
plans);
(5) 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 Act;
(6) proposed locations for visitor contact and
major interpretive facilities, including proposals for
one interpretive facility in the upper Shenandoah
Valley and one in the lower Shenandoah Valley;
(7) provisions for implementing a continuing
program of interpretation and visitor education con-
cerning the resources and values of the battlefields
and historic core areas;
(8) 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 the historic core areas and contrib-
ute to the understanding of the battlefields; and
(9) 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) Not later
than 3 years after the date on which the Commission con-
ducts its first meeting, the Commission shall submit to
the Secretary a draft plan that meets the requirements
of subsection (b).
(2) Prior to submitting the draft plan to the Sec-
retary, the Commission shall ensure that—
(A) the Commonwealth of Virginia, and any po-
litical 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 appro-
priate local newspapers in the area of the battle-
fields; and
(C) at least one public hearing in the vicinity 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
(2) reject the draft plan and recommend to the
Commission modifications that would make the draft
plan acceptable.
SEC. 7. COOPERATIVE AGREEMENTS.
(a) IN GENERAL.—In furtherance of the purposes of
this Act, the Secretary may establish partnerships and
enter into cooperative agreements concerning lands, and
interests therein, within the battlefields and historic core
areas with other Federal, State, or local agencies, and pri-
vate persons and organizations.
(b) HISTORIC MONUMENTS.—The Secretary may
enter into an agreement with the owner of property that
is located in the battlefields, or in an historic core area,
and on which an historic monument or tablet commemo-
rating 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 inter-
pretation of the monument or tablet, as the case may be,
pursuant to the agreement.
SEC. 8. GRANT PROGRAM.
(a) IN GENERAL.—(1) The Secretary may award
grants and provide technical assistance, to owners of prop-
erty located within the battlefields and historic core areas,
to provide for the preservation and interpretation of the
natural, cultural, and historical resources within the bat-
tlefields and historic core areas.
(2)(A) 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 and historic core areas.
(B) The Commission shall conduct a regular review
of plans, guidelines, regulations, ordinances, and docu-
ments with respect to which the Secretary has awarded
a grant under this paragraph. If the Commission finds
that any such plan, guideline, regulation, ordinance, or
document, or the implementation thereof, is no longer con-
sistent with the protection of the historic character of the
battlefields and historic core areas the Commission may
recommend, after consultation with the affected govern-
mental entity, that the Secretary suspend any grant
awarded pursuant to this paragraph with respect to the
plan, guideline, regulation, ordinance, or document.
(C) The Secretary, after consultation with the Com-
mission, shall suspend any grant awarded under this para-
graph if the Secretary has determined that the plan,
guideline, regulation, ordinance, or document with respect
to which the grant is awarded is modified in a manner
that is inconsistent with the protection of the historic
character of the battlefields and historic core areas.
(b) COST SHARE.—The Federal share of any grant
made under this section may not exceed the amount of
non-Federal funds provided for the preservation, interpre-
tation, planning, development, or implementation with re-
spect to which the grant is awarded.
(c) ADDITIONAL CONDITIONS.—The Secretary may
require such additional terms and conditions before
awarding any grant under this section as the Secretary
determines to be necessary.
SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS
COMMISSION.
(a) ESTABLISHMENT.—There is hereby established
the Shenandoah Valley National Battlefields Commission.
(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 or historic core areas (1 mem-
ber 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) The Governor of Virginia, or a designee of
the Governor, ex officio.
(6) The Director of the National Park Service,
or a designee of the Director, ex officio.
(c) APPOINTMENTS.—Members of the Commission
shall be appointed for staggered terms of 3 years, as des-
ignated by the Secretary at the time of the initial appoint-
ment. Any member of the Commission appointed for a
definite term may serve after the expiration of the term
until the successor of the member is appointed.
(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
shall serve as Chairperson in the absence of the Chair-
person.
(e) VACANCY.—Any vacancy on the Commission shall
be filled in the same manner in which the original appoint-
ment was made, except that the Secretary shall fill any
vacancy within 30 days after the vacancy occurs.
(f) QUORUM.—A majority of the Commission shall
constitute a quorum.
(g) MEETINGS.—The Commission shall meet at the
call of the Chairperson or a majority of the members of
the Commission, but not less than quarterly. Notice of
Commission meetings and agendas for the meetings shall
be published in local newspapers that have a distribution
throughout the Shenandoah Valley. Commission meetings
shall be held at various locations throughout the Shen-
andoah Valley and in a manner that ensures adequate
public participation.
(h) STAFF OF THE COMMISSION.—The Commission
shall have the power to appoint and fix the compensation
of such staff as may be necessary to carry out its duties.
(i) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of the General Services Administration shall
provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may re-
quest.
(j) FEDERAL AGENCIES.—Upon request of the Com-
mission, the head of any Federal agency may detail to the
Commission, on a reimbursable basis, personnel of the
agency to assist the Commission in carrying out its duties.
(k) SUBPOENAS.—The Commission may not issue
subpoenas or exercise any subpoena authority.
(l) EXPENSES.—Members of the Commission shall
serve without compensation, but the Secretary may reim-
burse members for expenses reasonably incurred in carry-
ing out the responsibilities of the Commission under this
Act.
(m) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(n) GIFTS.—The Commission may, for purposes of
carrying out the duties of the Commission, seek, accept,
and dispose of gifts, bequests, or donations of money, per-
sonal property, or services, received from any source.
(o) TERMINATION.—The Commission shall terminate
at the expiration of the 45-day period beginning on the
date on which the Secretary approves the plan under sec-
tion 6(d).
SEC. 10. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall—
(1) develop the plan and draft plan referred to
in section 6, in consultation with the Secretary;
(2) advise the Secretary on the administration
of the battlefields;
(3) assist the Commonwealth of Virginia, and
any political subdivision thereof, in the management,
protection, and interpretation of the natural, cul-
tural, and historical resources within the historic
core areas, except that the Commission shall in no
way infringe upon the authorities and policies of the
Commonwealth of Virginia or any political subdivi-
sion thereof; and
(4) take appropriate action to encourage protec-
tion of the natural, cultural, and historic resources
within the battlefields and historic core areas by
landowners, local governments, organizations, and
businesses.
(b) ASSISTANCE TO NONPROFIT ORGANIZATIONS.—
The Commission may assist any nonprofit organization in
the management, protection, and interpretation of the nat-
ural, cultural, and historical resources within the historic
core areas.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out
this Act, except that not more than $250,000 may be ap-
propriated for any fiscal year for the establishment and
operation of the Commission.
(b) AVAILABILITY OF FUNDS.—Funds made avail-
able under subsection (a) shall remain available until ex-
pended.
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HR 763 IH——2