IB
Union Calendar No. 87
104TH CONGRESS
1ST SESSION
H. R. 1091
[Report No. 104–176]
To improve the National Park System in the Commonwealth of Virginia.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1995
Mr. BLILEY (for himself, Mr. GOODLATTE, Mr. BATEMAN, and Mr. WOLF)
introduced the following bill; which was referred to the Committee on Re-
sources
JULY 11, 1995
Additional sponsors: Mr. BOUCHER, Mr. SCOTT, and Mr. LEACH
JULY 11, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 1, 1995]
A BILL
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 (Chapter
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 Rich-
mond, in the vicinity of Richmond, Virginia, as a national
battlefield park for the benefit and inspiration of the people
of the United States, there is hereby established, 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 ‘Rich-
mond National Battlefield Park, Land Status Map’,
numbered 367/92,000, and dated September 1993;
and
‘‘(2) upon donation of title acceptable to the Sec-
retary 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, Depart-
ment of the Interior.
‘‘(d) The Congress recognizes the national significance
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 important aspect of
American history can be interpreted to the public. The Con-
gress directs the Secretary to work cooperatively with the
Commonwealth of Virginia, the county of Henrico, Vir-
ginia, and property owners within or impacted by the bat-
tlefield area to develop alternatives to ensure implementa-
tion of these goals. The Secretary shall submit a report out-
lining such alternatives to the Committee on Resources of
the House of Representatives and the Committee on Energy
and Natural Resources of the Senate 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 amended
by striking the period and inserting ‘‘, and the Act of Au-
gust 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 (hereinafter
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 AC-
QUISITION.—
(1) MINOR BOUNDARY ADJUSTMENTS.—The Sec-
retary is authorized to make minor adjustments to the
boundary of Shenandoah National Park, as modified
by this title, to make essential improvements to facili-
tate access to trailheads to the park that exist on the
day before the date of the enactment 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 pro-
vided in this subsection, the Secretary may ac-
quire lands and interests therein under this sub-
section only by donation.
(B) 
ADDITIONAL
RESTRICTIONS.—When
acting under this subsection—
(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; 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
(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 ‘‘coun-
ty 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 Common-
wealth 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 connecting
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 aver-
age width of the Colonial Parkway, the Secretary of the In-
terior (hereinafter in this title referred to as the ‘‘Sec-
retary’’) is authorized to include within the Colonial Na-
tional Historical Park, and to acquire by donation or ex-
change, lands and interests in lands (with or without im-
provements) within the areas depicted on the map dated
August 1993, numbered 333/80031A, and entitled ‘‘Page
Landing Addition to Colonial National Historical Park’’.
Such map shall be on file and available for inspection in
the offices of the National Park Service at Colonial National
Historical Park and in Washington, District 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 sub-
section (c)), to York County, Virginia, any portion of the
existing sewage disposal system, including related improve-
ments 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 sys-
tem 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 contribu-
tion 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 Na-
tional Park Service for its sewage disposal 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 substantially altered without
the concurrence of the director of the National Park Service.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
may be necessary to carry out this title.
TITLE IV—SHENANDOAH VALLEY
BATTLEFIELDS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Shenandoah Valley Bat-
tlefields 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 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 of Civil War sites within a
regional framework requires cooperation among local
property owners and Federal, State, and local govern-
ment entities; and
(6) partnerships between Federal, State, and
local governments, the regional entities of such gov-
ernments, and the private sector offer the most effec-
tive opportunities for the enhancement and manage-
ment 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 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 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.
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 Reg-
ister 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 ju-
risdiction of such historic core.
(2) CONTENTS OF HISTORIC PARK.—The historic
park shall consist of each historic core with respect to
which the Secretary publishes a notice under para-
graph (1).
(c) ADMINISTRATION.—The Secretary shall administer
the historic park in accordance with this title and with pro-
visions 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 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 battlefields, in such a manner as
to perpetuate these qualities and values for future genera-
tions.
(d) LAND ACQUISITION.—If a historic core is included
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 boundary
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 historic
character of the historic core.
(e) LIVING HISTORY DEMONSTRATIONS AND BATTLE-
FIELD ENACTMENTS.—The Secretary shall allow, at any lo-
cation in the historic park, 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 historic park,
any living history demonstration or battlefield reenactment
that is not described in the preceding sentence but that the
Secretary determines to be appropriate.
SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS PLAN.
(a) IN GENERAL.—The historic park shall be managed
by the Secretary pursuant to this title and the Shenandoah
Valley Battlefields plan developed by the Commission 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 preservation of
each of the historic cores that is identified under
paragraph (2) and measures recommended to accom-
plish such protection, which may include (but need
not be limited to) conservation easements, local zon-
ing, transfer of development rights, or ownership by
an entity dedicated to preservation of the historic re-
sources 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)) (pertaining
to the preparation of general management plans);
(6) 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;
(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 understanding of the
battlefields; and
(10) recommendations for means of ensuring
continued local involvement and participation in the
management, protection, and development of the bat-
tlefields.
(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 sub-
mitting the draft plan to the Secretary, the Commis-
sion 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 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. 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 in-
terests therein, within the battlefields with other Federal,
State, or local agencies and private persons or organiza-
tions.
(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 monument or tablet, as the case
may be, pursuant to the agreement.
(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 provide
for the preservation and interpretation of the natural, cul-
tural, and historical resources within the battlefields.
(b) TECHNICAL ASSISTANCE TO GOVERNMENTAL ENTI-
TIES.—The Secretary, after consultation with the Commis-
sion, may award grants and provide technical assistance
to governmental entities to assist with the planning, devel-
opment, 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 battlefields.
(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 re-
gardless 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 his-
toric 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 Chairperson.
(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 va-
cancy 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 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 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 title.
(m) MAILS.—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
upon the expiration of the 45-day period beginning on the
date on which the Secretary approves the plan under section
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, cultural,
and historical resources within the battlefields, except
that the Commission shall in no way infringe upon
the authorities and policies of the Commonwealth of
Virginia or any political subdivision thereof; 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 his-
toric 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 Congress
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 subsection
(a)(2) regarding the historic core.
(2) LEGISLATIVE DAY.—For purposes of this sub-
section, the term ‘‘legislative day’’ means any cal-
endar day on which both Houses of the Congress are
in session.