II
Calendar No. 613
104TH CONGRESS
2D 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
SEPTEMBER 16, 1996
Reported by Mr. MURKOWSKI, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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,
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.
‘‘(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.
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-
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
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
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;
(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
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-
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.
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
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-
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
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
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
(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—
(1) provisions for the management, protection,
and interpretation of the natural, cultural, and his-
torical resources of the battlefields, consistent with
the purposes of this title;
(2) identification of the historic cores that are
appropriate for administration by the Secretary;
(3) a determination of the level of protection
that is adequate to ensure the long-term preserva-
tion of each of the historic cores that is identified
under paragraph (2) and measures recommended to
accomplish such protection, which may include (but
need not be limited to) conservation easements, local
zoning, transfer of development rights, or ownership
by an entity dedicated to preservation of the historic
resources of the battlefields;
(4) recommendations to the Commonwealth of
Virginia (and political subdivisions thereof) regard-
ing the management, protection, and interpretation
of the natural, cultural, and historical resources of
the battlefields;
(5) 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);
(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-
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
(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.
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.
(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
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
title.
(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
upon the expiration of the 45-day period beginning on the
date on which the Secretary approves the plan under sec-
tion 406(d).
SEC. 410. DUTIES OF THE COMMISSION.
The Commission shall—
(1) develop the plan and draft plan referred to
in section 406, in consultation with the Secretary;
(2) advise the Secretary with respect to the bat-
tlefields;
(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 battlefields,
except that the Commission shall in no way infringe
upon the authorities and policies of the Common-
wealth of Virginia or any political subdivision there-
of; and
(4) take appropriate action to encourage protec-
tion of the natural, cultural, and historic resources
within the battlefields by landowners, local govern-
ments, organizations, and businesses.
SEC. 411. TERMINATION OF INCLUSION IN HISTORIC PARK.
(a) IN GENERAL.—A historic core that becomes part
of the historic park shall continue to be included in the
historic park unless—
(1) the Secretary determines that the protection
of the historic core no longer meets the requirements
of section 405(b)(1)(A); and
(2) after making a determination referred to in
paragraph (1), the Secretary submits to the Con-
gress notification that the historic core should cease
to be included in the historic park.
(b) PUBLIC HEARING.—Before the Secretary makes
a determination referred to in subsection (a)(1) regarding
a historic core, the Secretary or a designee shall hold a
public hearing within the vicinity of the historic core.
(c) TIME OF TERMINATION OF INCLUSION.—
(1) IN GENERAL.—A historic core shall cease to
be included in the historic park upon the expiration
of 90 legislative days after the Secretary submits to
the Congress the notification referred to in sub-
section (a)(2) regarding the historic core.
(2) LEGISLATIVE DAY.—For purposes of this
subsection, the term ‘‘legislative day’’ means any
calendar day on which both Houses of the Congress
are in session.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not more
than $5,000,000 for development of the historic park, not
more than $2,000,000 for land acquisition pursuant to
this title, not more than $500,000 to carry out the pur-
poses of sections 407 and 408, and not more than
$250,000 for any fiscal year for the operation of the Com-
mission.
TITLE V—CUMBERLAND GAP
NATIONAL HISTORICAL PARK
SEC. 501. ADDITION OF LANDS.
(a) AUTHORITY.—Notwithstanding the Act of June
11, 1940 (16 U.S.C. 261 et seq.), the Secretary of the
Interior is authorized to acquire by donation, purchase
with donated or appropriated funds, or exchange not to
exceed 10 acres of land or interests in land, which shall
consist of those necessary lands for the establishment of
trailheads to be located at White Rocks and Chadwell Gap.
(b) ADMINISTRATION.—Lands and interests in lands
acquired pursuant to subsection (a) shall be added to and
administered as part of Cumberland Gap National Histor-
ical Park.
TITLE I—RICHMOND NATIONAL
BATTLEFIELD PARK
SEC. 101. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) in 1936 the Congress established the Rich-
mond National Battlefield Park in and around the
City of Richmond, Virginia. The park’s boundary was
established to permit the inclusion of all military bat-
tlefield areas related to the battles fought during the
Civil War in defense of and against the City of Rich-
mond. The park originally included the area then
known as the Richmond Battlefield State Park;
‘‘(2) the total acreage of the area identified in
1936 for consideration for inclusion in the Richmond
National Battlefield Park encompasses approximately
225,000 acres in and around the City of Richmond,
Virginia. A study undertaken by the Congressionally
authorized Civil War Sites Advisory Commission de-
termined that within those 225,000 acres, the histori-
cally significant areas in and around Richmond re-
lating to the campaigns against and in defense of
Richmond encompass approximately 38,000 acres.
The National Park Service, through its general man-
agement planning process for Richmond National
Battlefield Park, has identified approximately 7,121
acres which satisfy the National Park Service criteria
of significance, integrity, feasibility, and suitability
for inclusion in Richmond National Battlefield Park.
‘‘(3) there is national interest in protecting and
preserving sites of historic significance associated
with the Civil War and Richmond; and
‘‘(4) the Commonwealth of Virginia and its local
units of government have authority to prevent or
minimize adverse use of these historic resources and
can play a significant role in the protection of the
historic resources related to the battles of Richmond.
‘‘(b) PURPOSES.—Therefore, it is the purpose of this
title:
‘‘(1) to establish a revised boundary for the Rich-
mond National Battlefield Park based on the findings
of the Civil War Sites Advisory Commission and the
National Park Service; and
‘‘(2) direct the Secretary of the Interior to work
in cooperation with the Commonwealth of Virginia,
the City of Richmond and other political subdivisions
of the Commonwealth, other public entities, and the
private sector in the management, protection, and in-
terpretation of the resources associated with the Civil
War and the Battles of Richmond in and around the
City of Richmond, Virginia’’.
SEC. 102. MODIFICATION OF BOUNDARY.
Section 2 of the Act of March 2, 1936 (Chapter 113;
49 Stat. 1155), is amended to read as follows:
‘‘SEC. 2. BOUNDARY.—The boundary of the Richmond
National Battlefield Park (hereinafter in this Act referred
to as the ‘park’) shall hereinafter comprise the lands, waters
and interests in lands therein, comprising approximately
7,121 acres, within the boundary generally depicted as
‘‘Park Boundary’’ on the map entitled ‘‘Richmond National
Battlefield Park Boundary Map’’, numbered 367–NEFA
80026 and dated August, 1996, which shall be on file and
available for public inspection in the Office of the Director
of the National Park Service, Department of the Interior.’’.
SEC. 103. LAND ACQUISITION.
The Act of March 7, 1936 (Chapter 113; 49 Stat.
1155), is amended by adding a new section 4 as follows:
‘‘SECTION 4. LAND ACQUISITION.—The Secretary is
authorized to acquire lands and interests in lands within
the park’s boundary as depicted on the map identified in
Section 2 by donation, purchase with donated or appro-
priated funds, exchange, or otherwise. Privately owned
lands or the interests therein may be acquired only with
the consent of the property owner. In acquiring lands and
interests in lands under this Act, the Secretary shall acquire
the minimum Federal interests necessary to achieve the ob-
jectives of the park.’’.
SEC. 104. PARK MANAGEMENT AND ADMINISTRATION.
The Act of March 7, 1936 (Chapter 113; 49 Stat.
1155), is amended by adding a new section 5 as follows:
‘‘SECTION 5. PARK MANAGEMENT AND ADMINISTRATION.
‘‘(a) In administering the park, the Secretary shall in-
terpret, for the benefit of visitors to the park and the general
public, the Battles of Richmond in the larger context of the
Civil War and American history, including the causes and
consequences of the Civil War and the effects of the war on
all the American people.
‘‘(b) The Secretary is directed to work with the Com-
monwealth of Virginia, its political subdivisions, including
the City of Richmond, private property owners, and the pri-
vate sector to develop mechanisms to protect and interpret
the resources identified within the boundary as depicted on
the map identified in Section 2 of this title. In order to
carry out this section the Secretary is authorized to enter
into cooperative agreements with the public and private sec-
tors to carry out the purposes of this title, and to find
means of protecting and interpreting the historic resources
for the benefit of present and future generations in a man-
ner that would allow for continued private ownership and
use where compatible with the purposes of the park. The
Secretary is also authorized to provide technical assistance
to governmental entities, nonprofit organizations and pri-
vate property owners in the development of comprehensive
plans, land use guidelines, and other activities which are
consistent with conserving the historic, cultural, natural,
and scenic resources found within the park boundary.
SEC. 105.
Section 3 of the Act of March 2, 1936 (Chapter 113;
49 Stat. 1156) is amended by striking the period and in-
serting ‘‘, 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 modified to include only those lands and in-
terests in lands that, on the day before enactment of this
title, were in Federal ownership and were administered by
the Secretary of the Interior (hereinafter in this title re-
ferred 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 with this title is hereby repealed.
(b) BOUNDARY ADJUSTMENTS
AND LAND ACQUISI-
TION.—
(1) MINOR BOUNDARY ADJUSTMENTS.—
(A) IN GENERAL.—The Secretary may make
minor boundary adjustments to the boundary of
Shenandoah National Park; as modified by this
title to allow the acceptance of a donation of ad-
jacent land.
(B) RELATED LANDS STUDY.—If an appli-
cable Related Lands Study has been completed
on the date of an adjustment under subpara-
graph (A), the Secretary shall follow the rec-
ommendations of the Related Lands Study to en-
sure access to trailheads and other areas that
will resolve conflicts with adjacent property own-
ers.
(2) LIMITATIONS OF LAND ACQUISITION.—
(A) IN GENERAL.—Except as otherwise pro-
vided in this section, the Secretary may acquire
lands and interests therein under this section
only—
(i) by donation, purchase with donated
funds, or exchange; and
(ii) with the consent of the owner.
(B) 
ADDITIONAL
RESTRICTIONS.—When
acting under this section—
(i) the Secretary may add to the Shen-
andoah National Park only lands and in-
terests therein that are contiguous with Fed-
eral lands administered by the Secretary 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 located;
(iii) the Secretary shall not alter the
primary means of access of any private
landowner to the lands owned by such land-
owner without the consent of the landowner;
and
(iv) the Secretary shall not cause any
property owned by a private individual, or
any group of adjacent properties owned by
private individuals, to be surrounded on all
sides by land administered by the Secretary
as part of the park without the consent of
the landowner thereof.
(C) PUBLIC LAND.—Land or an interest in
land located within the boundaries of a park
owned by the Commonwealth of Virginia or a
political subdivision of the Commonwealth of
Virginia may be acquired by the Secretary under
this title only by donation or exchange.
(D) NO CONDEMNATION.—Under this title,
the Secretary may not accept a donation of land
or an interest in land that was acquired through
condemnation.
(c) MITIGATION OF IMPACTS AT ACCESS POINTS.—The
Secretary shall take all reasonable actions to mitigate the
impacts associated with visitor use at trailheads and other
visitor access points around the perimeter of Shenandoah
National Park. The Secretary shall enlist the cooperation
of the State and local jurisdictions, as appropriate, in car-
rying out this title.
TITLE 
III—SHENANDOAH 
VAL-
LEY 
NATIONAL 
BATTLE-
FIELDS
SEC. 301. 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 dis-
tricts in the Shenandoah Valley are collectively of na-
tional 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 com-
prehensive study of significant sites and structures as-
sociated with Civil War battles in the Shenandoah
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 understand-
ing 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 govern-
ment entities; and
(7) partnerships between Federal, State, and
local governments, the regional entities of such gov-
ernments, and the privates sector offer the most effec-
tive opportunities for the enhancement and manage-
ment of Civil War battlefields and related sites in the
Shenandoah Valley.
SEC. 302. 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 bat-
tles in the Shenandoah Valley, including those battle-
fields associated with the Thomas J. (Stonewall)
Jackson campaign of 1862 and the decisive cam-
paigns of 1864;
(3) recognize and interpret the effect of the Civil
War on the civilian population of the Shenandoah
Valley during the war and postwar reconstruction pe-
riod; and
(4) create partnership among Federal, State, and
local governments, the regional entities of such gov-
ernments, and the private sector to preserve, conserve,
enhance, and interpret the nationally significant bat-
tlefields and related sites associated with the Civil
War in the Shenandoah Valley.
SEC. 303. DEFINITIONS.
As used in this title:
(1) The term ‘‘battlefields’’ means the Shen-
andoah Valley National Battlefields established by
section 304.
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 Commis-
sion and following and opportunity for public comment,
make minor revisions to the boundaries of the battlefields.
(4) ADMINISTRATION.—The Secretary shall administer
the battlefields in accordance with this title and with provi-
sions of law generally applicable to the National Park Sys-
tem, including the Act of August 25, 1916 (39 Stat. 535;
U.S.C. 1, 2, 3, 4) and the Act of August 21, 1935 (49 Stat.
666; U.S.C. 461–467). The Secretary shall protect, manage,
and administer the battlefields for the purposes of preserv-
ing and interpreting their national, cultural, and historic
resources and for providing public understanding and ap-
preciation of the battlefields, in such a manner as to perpet-
uate these qualities and values for future generations.
(b) LAND ACQUISITION.—(1) Except as otherwise pro-
vided in this subsection, the Secretary is authorized to ac-
quire lands and interests therein within the boundaries of
the battlefields by donation, purchase with donated or ap-
propriated funds, or exchange, except that no lands or inter-
ests therein may be acquired under this title 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 title
only by donation or exchange.
(3) The Secretary may not accept, under this title, do-
nations of lands or interests therein acquired through con-
demnation.
(c) LIVING HISTORY DEMONSTRATIONS AND BATTLE-
FIELD REENACTMENTS.—The Secretary shall allow, at any
location in the battlefields, any living history demonstra-
tion or battlefield reenactment that is the same as or sub-
stantially 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 battlefields,
any living history demonstration or battlefield reenactment
that is not described in the preceding sentence but that the
Secretary determines to be appropriate.
SEC. 305. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS
PLAN.
(a) IN GENERAL.—The battlefields shall be managed
by the Secretary pursuant to this title and the Shenandoah
Valley National Battlefields plan developed by the Commis-
sion 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 title;
(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)) (pertaining
to the preparation of general management plans);
(5) identification of appropriate partnerships be-
tween the Secretary, Federal, State, and local govern-
ments and regional entities, and the private sector, in
furtherance of the purposes of this title;
(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 contribute to the
understanding of the battlefields; and
(9) recommendations for means of ensuring con-
tinued local involvement and participation in the
management, protection, and development of the bat-
tlefields.
(c) PREPARATION OF DRAFT PLAN.—(1) Not later
than 3 years after the date on which the Commission con-
ducts it first meeting, the Commission shall submit to the
Secretary a draft plan that meets the requirements of sub-
section (b).
(2) Prior to submitting the draft plan to the Secretary,
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 battlefields;
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 Sec-
retary 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. 306. 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 in-
terests 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 a historic core area, and on which
a historic monument or tablet commemorating a relevant
battle has been erected prior to the date of the enactment
of this Title. The Secretary may make funds available for
the maintenance, protection, and interpretation of the
monument or tablet, as the case may be, pursuant to the
agreement.
SEC. 307. GRANT PROGRAM.
(a) IN GENERAL.—The Secretary may award grants
and provide technical assistance, to owners of property lo-
cated within the battlefields and historic core areas, to pro-
vide for the preservation and interpretation of the natural,
cultural, and historical resources within the battlefields and
historic core areas.
(1) The Secretary, after consultation with the
Commission, may award grants and provide tech-
nical assistance to governmental entities to assist
with the planning, development, and implementation
of comprehensive plans, land use guidelines, regula-
tions, ordinances, or other appropriate documents,
that are consistent with and designed to protect the
historic character of the battlefields and historic core
areas.
(2) The Commission shall conduct a regular re-
view of plans, guidelines, regulations, ordinances, and
documents with respect to which the Secretary has
awarded a grant under this paragraph. If the Com-
mission finds that any such plan, guideline, regula-
tion, ordinance, or document, or the implementation
thereof, is no longer consistent with the protection of
the historic character of the battlefields and historic
core areas the Commission may recommend, after
consultation with the affected governmental entity,
that the Secretary suspend any grant awarded pursu-
ant to this paragraph with respect to the plan, guide-
line, regulation, ordinance, or document.
(3) The Secretary, after consultation with the
Commission, shall suspend any grant awarded under
this paragraph if the Secretary has determined that
the plan, guideline, regulation, ordinance, or docu-
ment 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, interpretation,
planning, development, or implementation with respect to
which the grant is awarded.
(c) ADDITIONAL CONDITIONS.—The Secretary may re-
quire such additional terms and conditions before awarding
any grant under this section as the Secretary determines
to be necessary.
SEC. 308. 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 his-
toric 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 designated
by the Secretary at the time of the initial appointment. Any
member of the Commission appointed for a definite term
may serve after the expiration of the term until the succes-
sor 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 Chairperson.
(e) VACANCY.—Any vacancy on the Commission shall
be filed in the same manner in which the original appoint-
ment divas 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 Com-
mission, 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 Shenandoah 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 staffs 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 agen-
cy to assist the Commission in carrying out its duties.
(k) SUBPOENAS.—The Commission may not issue sub-
poenas 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 carrying
out the responsibilities of the Commission under this Act.
(m) MAIL.—The Commission may use the United
States mails in the same manner and under the same condi-
tions 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, personal
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 section
305(d).
SEC. 309. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall—
(1) develop the plan and draft plan referred to
in section 305, 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, cultural,
and historical resources within the historic core areas,
except that the Commission shall in no way infringe
upon the authorities and policies of the Common-
wealth of Virginia or any political subdivision there-
of; and
(4) take appropriate action to encourage protec-
tion of the natural, cultural, and historic resources
within the battlefields and historic core areas by land-
owners, local governments, organizations, and busi-
nesses.
(b) ASSISTANCE
TO NONPROFIT ORGANIZATIONS.—
The Commission may assist any nonprofit organization in
the management, protection, and interpretation of the natu-
ral, cultural, and historical resources within the historic
core areas.
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out this
title, except that not more than $250,000 may be appro-
priated for any fiscal year for the establishment and oper-
ation of the Commission.
(b) AVAILABILITY OF FUNDS.—Funds made available
under subsection (a) shall remain available until expended.
Passed the House of Representatives September 19,
1996.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 613
104TH CONGRESS
2D SESSION
H. R. 1091
A BILL
To improve the National Park System in the
Commonwealth of Virginia.
SEPTEMBER 16, 1996
Reported with an amendment