[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1033
To establish the Shenandoah Valley National Battlefields and Commission
in the Commonwealth of Virginia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26 (legislative day, April 19), 1993
Mr. Warner (for himself, Mr. Robb, and Mr. Jeffords) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural 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 Representatives 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 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are situated in the Shenandoah Valley in the
Commonwealth of Virginia the sites of Civil War battles;
(2) certain sites, battlefields, structures, and districts
in the Shenandoah Valley are collectively of national
significance in the history of the American Civil War;
(3) the National Park Service has assessed the suitability
and feasibility of recognizing Shenandoah Valley battlefield
sites and affiliating these sites with the National Park
System, and has found that these sites possess national
significance and a high degree of historical integrity;
(4) the preservation and interpretation of these sites,
battlefields, structures, and districts can make a vital
contribution to the understanding of the heritage of the United
States;
(5) the goal of preserving Civil War sites within a
regional framework is to promote cooperation among local
property owners and Federal, State, and local government
entities that seek to promote the preservation of sites and
places significant to the history of the Nation; and
(6) partnerships between Federal, State, and local
governments and their regional entities, and the private
sector--
(A) offer the most effective opportunities for the
enhancement and management of the Civil War
battlefields and related sites in the Shenandoah
Valley; and
(B) are best fostered through establishment of a
regionwide Commission.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) preserve, conserve, and interpret the legacy of the
Civil War in the Shenandoah Valley of Virginia;
(2) recognize and interpret important events and geographic
locations in the conduct of the Civil War in the Shenandoah
Valley of Virginia, including those battlefields associated
with the Thomas J. (Stonewall) Jackson Campaign of 1862 and the
decisive campaigns of 1864;
(3) recognize and interpret the effect of war on the
civilian population of the Valley during the war and the
postwar reconstruction period;
(4) create partnerships among Federal, State, and local
governments and their regional entities, and the private sector
to preserve, conserve, enhance, and interpret the nationally
significant battlefields and related sites associated with the
Civil War in the Shenandoah Valley; and
(5) establish and maintain a geographic database and
information system that can be used to locate, track, and cross
reference significant historical and cultural properties,
structures, and markers.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Battlefields.--The term ``Battlefields'' means the
Shenandoah Valley National Battlefields established under
section 101.
(2) Commission.--The term ``Commission'' means the
Shenandoah Valley National Battlefields Commission established
under title II.
(3) Contributing areas.--The term ``contributing areas''
means those areas identified in the National Park Service
study, ``Civil War Sites in the Shenandoah Valley of
Virginia'', that encompass all important components of a
conflict that provide a strategic context and geographic
setting for understanding the conflict.
(4) Heritage plan.--The term ``Heritage Plan'' means the
Shenandoah Valley National Heritage Plan approved pursuant to
section 102.
(5) Historic core.--The term ``historic core'' means areas
identified in the National Park Service study, ``Civil War
Sites in the Shenandoah Valley of Virginia'', containing sites
of confrontation deployment, heaviest fighting, and most severe
casualties.
(6) Major interpretative facility.--The term ``major
interpretative facility'' means a year-round staffed facility
that may serve as the headquarters for the Commission, provides
an orientation to the Battlefields, and, through interpretive
exhibits and media, communicates to the public the story of the
Civil War in the Shenandoah Valley of Virginia.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--SHENANDOAH VALLEY NATIONAL BATTLEFIELDS
SEC. 101. ESTABLISHMENT OF THE SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.
(a) Establishment.--To carry out the purpose of this Act, there is
established the Shenandoah Valley National Battlefields.
(b) Boundaries.--
(1) In general.--The Battlefields shall consist of
approximately 1,140 acres as generally depicted on the map
entitled ``Shenandoah Valley National Battlefields'', numbered
__________ and dated ________________________, located in the
counties of Frederick, Highland, Rockingham, Shenandoah, and in
the city of Winchester, Virginia.
(2) Availability of map.--The map shall be on file and
available for public inspection in the offices of the
Commission and in the offices of the National Park Service.
(3) Revisions.--The Secretary may, with the advice of the
Commission and following an opportunity for public comment and
timely notice to the Committee on Energy and Natural Resources
of the Senate and to the Committee on Natural Resources of the
House of Representatives, make minor revisions to the
boundaries of the Battlefields. Any revision shall take effect
upon publication by the Secretary in the Federal Register of a
revised boundary map or other description.
(c) Administration.--The Secretary, acting through the Director of
the National Park Service, shall manage the Battlefields in accordance
with this Act and the 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 et seq.) and the Act of August 21, 1935 (49 Stat.
666). The Secretary shall protect, manage, and administer the
Battlefields for the purposes of preserving and interpreting the
cultural and natural resources of the historic site and providing for
the public understanding and appreciation of the Battlefields in such a
manner as to perpetuate these qualities and values for future
generations.
(d) Acquisition.--
(1) In general.--Subject to paragraph (2), the Secretary is
authorized to acquire lands and interests in lands with the
consent of the landowner--
(A) within the Battlefields, by donation, purchase
with donated or appropriated funds, or exchange, only
with the consent of the landowners; and
(B) within the boundaries of the contributing
areas, by donation or exchange pursuant to the Heritage
Plan.
(2) Limitations on authority.--
(A) State or local land.--Lands, and interests in
lands, within the Battlefields or contributing areas,
that are owned by a State, county, or municipal entity,
or any political subdivision of the entity, may be
acquired only by donation or exchange.
(B) Condemned land.--The Secretary may not accept
lands acquired by the State through condemnation.
SEC. 102. ESTABLISHMENT OF THE SHENANDOAH VALLEY NATIONAL BATTLEFIELDS
HERITAGE PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, with the advice of the Commission, shall
transmit to Congress for approval a Shenandoah Valley National
Battlefields Heritage Plan that meets the requirements of subsection
(c).
(b) Preparation and Approval of the Heritage Plan.--
(1) Submission of draft heritage plan to the secretary.--
Not later than 2 years after the date on which the Commission
conducts the first meeting of the Commission, the Commission
shall submit to the Secretary a draft Shenandoah Valley
National Battlefields Heritage Plan that meets the requirements
of subsection (c).
(2) Public review of draft heritage plan.--Prior to
submitting the draft Heritage Plan to the Secretary, the
Commission shall ensure that--
(A) the State and any political subdivision of the
State that would be affected by the Heritage Plan
receives notice of the draft Heritage Plan;
(B) adequate notice of the draft Heritage Plan is
given by publication in the area of the Battlefields;
and
(C) a public hearing is conducted by the Commission
with respect to the draft Heritage Plan.
(3) Review of draft heritage plan by the secretary.--The
Secretary shall review the draft Heritage Plan, and, not later
than 90 days after the date on which the draft Heritage Plan is
submitted to the Secretary, shall--
(A) approve the plan and submit the Plan to
Congress for approval; or
(B) reject the plan and submit suggestions for
modifications to the Commission.
(c) Specific Provisions.--The Heritage Plan shall include--
(1) a description of the final boundaries of the
Battlefields, including the areas identified as contributing
areas and historic core areas, giving special consideration to
lands containing the locations of the battles of Cool Spring,
First and Second Kernstown, and Opequon (Third Winchester);
(2) a description of appropriate protection, management,
uses, and development of the Battlefields consistent with the
purposes of this Act;
(3) the information described in section 12(b) of Public
Law 91-383 (16 U.S.C. 1a-7(b));
(4) identification of partnerships between the Secretary
and other Federal, State, and local governments and regional
entities, and the private sector, for the management of the
Battlefields and contributing areas;
(5) proposed locations for visitor contact and major
interpretive facilities, including one interpretive facility in
the upper valley and the lower valley vicinities;
(6) plans for implementing a continuing program of
interpretation and visitor education concerning the resources
and values of the Battlefields and contributing areas;
(7) plans for a uniform valley-wide historical marker and
wayside exhibit program, including a provision for marking,
with the consent of the owner, historic structures and
properties contained in the areas identified in section 101(b)
that contribute to the understanding of the Civil War of the
Shenandoah Valley;
(8) plans for the management of natural and cultural
resources of the Battlefields and contributing areas, with
particular emphasis on the preservation of historic landscapes
and scenes, including a reassessment of the historic integrity
of lands within Battlefields every 5 years, or otherwise, as
considered necessary by the Commission; and
(9) proposals for future operation of concessions for the
Battlefields by locally owned businesses, certification of
Battlefields guides, and a Battlefields-wide interpretive
training program.
SEC. 103. PARTNERSHIPS AND COOPERATIVE AGREEMENTS.
(a) In General.--
(1) Agreements.--The Secretary may establish partnerships
and enter into cooperative agreements relating to planning,
development, use, management, and interpretation of properties
within the Battlefields and contributing areas with other
Federal agencies, State and local subdivisions, and private
persons to advance the purposes of this Act.
(2) Historic monuments.--Secretary may enter into
agreements with the owners of property in the Battlefields and
contributing areas on which historic monuments and tablets
commemorating the battles have been erected.
(b) Maintenance.--The Secretary may make funds available for the
maintenance, protection, and interpretation of the monuments and
tablets pursuant to the agreements.
(c) Restoration of Properties.--Notwithstanding any other provision
of law, the Secretary may restore and rehabilitate property within the
Battlefields and contributing areas pursuant to partnerships and
cooperative agreements without regard to whether title to the property
vests with the United States.
(d) Interim Authority.--During the period the Heritage Plan is
being prepared, the Secretary may enter into agreements described in
subsection (a) to advance the purposes of this Act.
SEC. 104. GRANT PROGRAM.
(a) In General.--Within the Battlefields and contributing areas,
the Secretary may award grants to property owners and governmental
entities and provide technical assistance, information, and advice to
promote the use of natural and cultural resources to conserve and
maintain the historic character of the area.
(b) Planning Costs.--
(1) In general.--Subject to paragraph (2) and subsection
(d), the Secretary, with the advice of the Commission, may
award a grant to a State or local government, or regional
planning entity that has jurisdiction over the Battlefields or
contributing areas, for the development of comprehensive plans
and land use guidelines, regulations, and ordinances that are
consistent with conserving the historic character of the area.
(2) Grant conditions.--The Secretary may award a grant
under this subsection only upon--
(A) submission by the local government or regional
planning entity of a comprehensive plan, prepared in
consultation with the Commission, for the
implementation of a strategy designed to protect the
historic character of the area; and
(B) approval of the strategy by the Secretary.
(3) Award.--An award under this subsection shall be in an
amount not to exceed 90 percent of the planning cost incurred
by the entity.
(c) Implementation grants.--
(1) In general.--Subject to subsection (d), the Secretary
may award a grant to a State or local government, or regional
entity to implement a protection plan or strategy approved by
the Secretary under subsection (b)(2).
(2) Suspension of grants.--The Secretary, after consulting
with the Commission, may suspend the provision of grants under
this subsection if the Secretary has withdrawn approval of the
protection plan or strategy.
(3) Review.--
(A) In general.--The Commission shall conduct a
regular review of approved protection plans and
strategies for the purpose of ensuring that the
protection plans and strategies continue to meet the
requirements of subsection (a).
(B) Recommendation.--If the Commission finds that a
protection plan or strategy or the implementation of a
protection plan or strategy is no longer in accordance
with the purposes of this Act, after consultation with
the affected governmental entity, the Commission may
recommend that the Secretary withdraw approval of the
protection plan or strategy.
(d) Additional Conditions.--The Secretary may require such terms
and conditions as the Secretary determines are necessary to carry out
this Act.
TITLE II--SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION
SEC. 201. ESTABLISHMENT; ADMINISTRATION OF THE COMMISSION.
(a) Establishment.--There is established the Shenandoah Valley
National Battlefields Commission.
(b) Membership.--The Commission shall be composed of the following
members:
(1) 12 members appointed by the Secretary from
recommendations made by appropriate local governing bodies, of
whom--
(A) 2 members shall represent each of the areas in
the historic core, including 1 member who is a property
owner in the historic core;
(B) 1 member shall be a member of a chamber of
commerce from a county in which part of the historic
core is located; and
(C) 1 member shall be a business leader from a
county in which part of the historic core is located.
(2) The executive director of the Lord Fairfax Planning
District Commission.
(3) The executive director of the Central Shenandoah
Planning District Commission.
(4) 2 members who have demonstrated expertise in historic
preservation, appointed by the Secretary.
(5) 2 members who are recognized historians with expertise
in Civil War history, appointed by the Secretary.
(6) The executive director or designee from each of the
following nonprofit entities that own property within the
Battlefields:
(A) The National Trust for Historic Preservation/
Belle Grove Incorporated.
(B) The Cedar Creek Battlefield Foundation.
(C) The New Market Battlefield Park.
(D) The Association for the Preservation of Civil
War Sites.
(E) The Lee Jackson Foundation.
(F) The Stonewall Brigade Foundation.
(G) The Society of Port Republic Preservationists.
(H) Preservation of Historic Winchester.
(7) The Governor of Virginia, or a designee of the
Governor, to serve as an ex officio member of the Commission.
(8) The Director of the National Park Service, or a
designee of the Director, to serve as an ex officio member of
the Commission.
(c) Operations.--
(1) 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 successor of the member is
appointed.
(2) Election of officers.--The Commission shall elect one
of the members of the Commission as Chairperson and one as Vice
Chairperson. Terms of the Chairperson and Vice Chairperson
shall be 2 years. The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(3) Vacancy.--Any vacancy on the Commission shall be filled
in the same manner in which the original appointment was made,
except that the Secretary, if responsible for the appointment,
shall fill any vacancy within 30 days after the vacancy occurs.
(4) Quorum.--Eleven members of the Commission shall
constitute a quorum.
(5) Meetings.--
(A) In general.--The Commission shall meet not less
than quarterly, or at the call of the Chairperson or a
majority of the members of the Commission. Notice of
meetings and agendas shall be published in local
newspapers that have a distribution throughout the
Shenandoah Valley. Commission meetings shall be held at
various locations throughout the Valley and in a manner
that ensures adequate public participation.
(B) Subpoenas.--The Commission may not issue
subpoenas or exercise any subpoena authority.
(6) Expenses.--Members of the Commission shall serve
without compensation, but the Secretary may reimburse members
for expenses reasonably incurred in carrying out the
responsibilities of the members under this Act.
(7) Administrative support services.--The Administrator of
General Services shall provide to the Commission, on a
reimbursable basis, such administrative support services as the
Commission may request.
(8) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(9) Gifts.--
(A) In general.--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.
(B) Gifts.--For the purposes of section 170(c) of
the Internal Revenue Code of 1954, any gift to the
Commission shall be deemed to be a gift to the United
States.
(d) Staff.--
(1) Director.--The Commission shall have a Director who
shall be appointed by the Commission and who shall be paid at a
rate not to exceed the maximum rate of basic pay for level GS-
14 of the General Schedule.
(2) Staff.--The Commission may appoint such additional
staff as the Commission considers appropriate and may pay the
staff at rates not to exceed the minimum rate of basic pay for
level GS-14 of the General Schedule. The staff may include
specialists in areas such as interpretation, historic
preservation, recreation, conservation, financing, and
fundraising.
(3) Appointments; compensation.--Except as otherwise
provided in this subsection, the Director and staff--
(A) shall be appointed by the Secretary; and
(B) shall be paid in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule
pay rates.
(4) Other agencies.--Upon request of the Commission, 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 the duties of the Commission under
section 202.
SEC. 202. DUTIES OF THE COMMISSION.
(a) Duties.--The Commission shall--
(1) develop the Heritage Plan in consultation with the
National Park Service;
(2) assist the State, any political subdivision of the
State, or any nonprofit organization in the implementation,
coordination, protection, promotion, and management of the
Battlefields resources in the Shenandoah Valley of Virginia;
(3) in providing assistance, in no way infringe upon the
authorities and policies of the State or any political
subdivision of the State concerning the management of the
Battlefields and contributing areas property;
(4) take appropriate action to encourage heritage
preservation within the Battlefields and contributing areas by
landowners, local governments, organizations, and businesses;
and
(5) cooperate to promote appropriate levels of heritage
tourism in the Shenandoah Valley of Virginia that are
compatible with resource protection.
(b) Major Interpretative Facility.--
(1) Purchase or lease.--The Commission is authorized with
the assistance of the General Services Administration to
purchase or lease a facility within the Battlefields to serve
as a headquarters and interpretative facility.
(2) Funding.--Any funds made available for the lease or
purchase of an interpretative facility may be authorized from
the Federal Building Fund.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated--
(1) such sums as are necessary to carry out title I; and
(2) $250,000 to carry out title II.
(b) Availability of Funds.--Sums made available under subsection
(a) shall remain available until expended.
<all>
S 1033 IS----2