[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4944 Enrolled Bill (ENR)]
H.R.4944
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To designate the Cedar Creek and Belle Grove National Historical Park as
a unit of the National Park System, 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 ``Cedar Creek and Belle Grove National
Historical Park Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the Cedar Creek and Belle
Grove National Historical Park in order to--
(1) help preserve, protect, and interpret a nationally
significant Civil War landscape and antebellum plantation for the
education, inspiration, and benefit of present and future
generations;
(2) tell the rich story of Shenandoah Valley history from early
settlement through the Civil War and beyond, and the Battle of
Cedar Creek and its significance in the conduct of the war in the
Shenandoah Valley;
(3) preserve the significant historic, natural, cultural,
military, and scenic resources found in the Cedar Creek Battlefield
and Belle Grove Plantation areas through partnerships with local
landowners and the community; and
(4) serve as a focal point to recognize and interpret important
events and geographic locations within the Shenandoah Valley
Battlefields National Historic District representing key Civil War
battles in the Shenandoah Valley, including those battlefields
associated with the Thomas J. (Stonewall) Jackson campaign of 1862
and the decisive campaigns of 1864.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Battle of Cedar Creek, also known as the battle of
Belle Grove, was a major event of the Civil War and the history of
this country. It represented the end of the Civil War's Shenandoah
Valley campaign of 1864 and contributed to the reelection of
President Abraham Lincoln and the eventual outcome of the war.
(2) 2,500 acres of the Cedar Creek Battlefield and Belle Grove
Plantation were designated a national historic landmark in 1969
because of their ability to illustrate and interpret important eras
and events in the history of the United States. The Cedar Creek
Battlefield, Belle Grove Manor House, the Heater House, and Harmony
Hall (a National Historic Landmark) are also listed on the Virginia
Landmarks Register.
(3) The Secretary of the Interior has approved the Shenandoah
Valley Battlefields National Historic District Management Plan and
the National Park Service Special Resource Study, both of which
recognized Cedar Creek Battlefield as the most significant Civil
War resource within the historic district. The management plan,
which was developed with extensive public participation over a 3-
year period and is administered by the Shenandoah Valley
Battlefields Foundation, recommends that Cedar Creek Battlefield be
established as a new unit of the National Park System.
(4) The Cedar Creek Battlefield Foundation, organized in 1988
to preserve and interpret the Cedar Creek Battlefield and the 1864
Valley Campaign, has acquired 308 acres of land within the
boundaries of the National Historic Landmark. The foundation
annually hosts a major reenactment and living history event on the
Cedar Creek Battlefield.
(5) Belle Grove Plantation is a Historic Site of the National
Trust for Historic Preservation that occupies 383 acres within the
National Historic Landmark. The Belle Grove Manor House was built
by Isaac Hite, a Revolutionary War patriot married to the sister of
President James Madison, who was a frequent visitor at Belle Grove.
President Thomas Jefferson assisted with the design of the house.
During the Civil War Belle Grove was at the center of the decisive
battle of Cedar Creek. Belle Grove is managed locally by Belle
Grove, Incorporated, and has been open to the public since 1967.
The house has remained virtually unchanged since it was built in
1797, offering visitors an experience of the life and times of the
people who lived there in the 18th and 19th centuries.
(6) The panoramic views of the mountains, natural areas, and
waterways provide visitors with an inspiring setting of great
natural beauty. The historic, natural, cultural, military, and
scenic resources found in the Cedar Creek Battlefield and Belle
Grove Plantation areas are nationally and regionally significant.
(7) The existing, independent, not-for-profit organizations
dedicated to the protection and interpretation of the resources
described above provide the foundation for public-private
partnerships to further the success of protecting, preserving, and
interpreting these resources.
(8) None of these resources, sites, or stories of the
Shenandoah Valley are protected by or interpreted within the
National Park System.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Cedar Creek
and Belle Grove National Historical Park Advisory Commission
established by section 9.
(2) Map.--The term ``Map'' means the map entitled ``Boundary
Map Cedar Creek and Belle Grove National Historical Park'',
numbered CEBE-80,001, and dated September 2002.
(3) Park.--The term ``Park'' means the Cedar Creek and Belle
Grove National Historical Park established under section 5 and
depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 5. ESTABLISHMENT OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park, consisting of approximately 3,000
acres, as generally depicted on the Map.
(b) Availability of Map.--The Map shall be on file and available
for public inspection in the offices of the National Park Service,
Department of the Interior.
SEC. 6. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire land or interests in
land within the boundaries of the Park, from willing sellers only, by
donation, purchase with donated or appropriated funds, or exchange.
(b) Boundary Revision.--After acquiring land for the Park, the
Secretary shall--
(1) revise the boundary of the Park to include newly acquired
land within the boundary; and
(2) administer newly acquired land subject to applicable laws
(including regulations).
(c) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, interpretation of the Park.
(d) Conservation Easements and Covenants.--The Secretary is
authorized to acquire conservation easements and enter into covenants
regarding lands in or adjacent to the Park from willing sellers only.
Such conservation easements and covenants shall have the effect of
protecting the scenic, natural, and historic resources on adjacent
lands and preserving the natural or historic setting of the Park when
viewed from within or outside the Park.
(e) Support Facilities.--The National Park Service is authorized to
acquire from willing sellers, land outside the Park boundary but in
close proximity to the Park, for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
SEC. 7. ADMINISTRATION.
The Secretary shall administer the Park in accordance with this Act
and the provisions of law generally applicable to units of the National
Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the preservation
of historic American sites, buildings, objects, and antiquities of
national significance, and for other purposes'', approved August
21, 1935 (16 U.S.C. 461 et seq.).
SEC. 8. MANAGEMENT OF PARK.
(a) Management Plan.--The Secretary, in consultation with the
Commission, shall prepare a management plan for the Park. In
particular, the management plan shall contain provisions to address the
needs of owners of non-Federal land, including independent nonprofit
organizations within the boundaries of the Park.
(b) Submission of Plan to Congress.--Not later than 3 years after
the date of the enactment of this Act, the Secretary shall submit the
management plan for the Park to the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate.
SEC. 9. CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park Advisory Commission.
(b) Duties.--The Commission shall--
(1) advise the Secretary in the preparation and implementation
of a general management plan described in section 8; and
(2) advise the Secretary with respect to the identification of
sites of significance outside the Park boundary deemed necessary to
fulfill the purposes of this Act.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed by the Secretary so as to include the following:
(A) 1 representative from the Commonwealth of Virginia.
(B) 1 representative each from the local governments of
Strasburg, Middletown, Frederick County, Shenandoah County, and
Warren County.
(C) 2 representatives of private landowners within the
Park.
(D) 1 representative from a citizen interest group.
(E) 1 representative from the Cedar Creek Battlefield
Foundation.
(F) 1 representative from Belle Grove, Incorporated.
(G) 1 representative from the National Trust for Historic
Preservation.
(H) 1 representative from the Shenandoah Valley
Battlefields Foundation.
(I) 1 ex-officio representative from the National Park
Service.
(J) 1 ex-officio representative from the United States
Forest Service.
(2) Chairperson.--The Chairperson of the Commission shall be
elected by the members to serve a term of one year renewable for
one additional year.
(3) Vacancies.--A vacancy on the Commission shall be filled in
the same manner in which the original appointment was made.
(4) Terms of service.--
(A) In general.--Each member shall be appointed for a term
of 3 years and may be reappointed for not more than 2
successive terms.
(B) Initial members.--Of the members first appointed under
paragraph (1), the Secretary shall appoint--
(i) 4 members for a term of 1 year;
(ii) 5 members for a term of 2 years; and
(iii) 6 members for a term of 3 years.
(5) Extended service.--A member may serve after the expiration
of that member's term until a successor has taken office.
(6) Majority rule.--The Commission shall act and advise by
affirmative vote of a majority of its members.
(7) Meetings.--The Commission shall meet at least quarterly at
the call of the chairperson or a majority of the members of the
Commission.
(8) Quorum.--8 members shall constitute a quorum.
(d) Compensation.--Members shall serve without pay. Members who are
full-time officers or employees of the United States, the Commonwealth
of Virginia, or any political subdivision thereof shall receive no
additional pay on account of their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of service for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
(f) Hearings; Public Involvement.--The Commission may, for purposes
of carrying out this Act, hold such hearings, sit and act at such times
and places, take such public testimony, and receive such evidence, as
the Commission considers appropriate. The Commission may not issue
subpoenas or exercise any subpoena authority.
SEC. 10. CONSERVATION OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Encouragement of Conservation.--The Secretary and the
Commission shall encourage conservation of the historic and natural
resources within and in proximity of the Park by landowners, local
governments, organizations, and businesses.
(b) Provision of Technical Assistance.--The Secretary may provide
technical assistance to local governments, in cooperative efforts which
complement the values of the Park.
(c) Cooperation by Federal Agencies.--Any Federal entity conducting
or supporting activities directly affecting the Park shall consult,
cooperate, and, to the maximum extent practicable, coordinate its
activities with the Secretary in a manner that--
(1) is consistent with the purposes of this Act and the
standards and criteria established pursuant to the general
management plan developed pursuant to section 8;
(2) is not likely to have an adverse effect on the resources of
the Park; and
(3) is likely to provide for full public participation in order
to consider the views of all interested parties.
SEC. 11. ENDOWMENT.
(a) In General.--In accordance with the provisions of subsection
(b), the Secretary is authorized to receive and expend funds from an
endowment to be established with the National Park Foundation, or its
successors and assigns.
(b) Conditions.--Funds from the endowment referred to in subsection
(a) shall be expended exclusively as the Secretary, in consultation
with the Commission, may designate for the interpretation,
preservation, and maintenance of the Park resources and public access
areas. No expenditure shall be made pursuant to this section unless the
Secretary determines that such expenditure is consistent with the
purposes of this Act.
SEC. 12. COOPERATIVE AGREEMENTS.
(a) In General.--In order to further the purposes of this Act, the
Secretary is authorized to enter into cooperative agreements with
interested public and private entities and individuals (including the
National Trust for Historic Preservation, Belle Grove, Inc., the Cedar
Creek Battlefield Foundation, the Shenandoah Valley Battlefields
Foundation, and the Counties of Frederick, Shenandoah, and Warren),
through technical and financial assistance, including encouraging the
conservation of historic and natural resources of the Park.
(b) Technical and Financial Assistance.--The Secretary may provide
to any person, organization, or governmental entity technical and
financial assistance for the purposes of this Act, including the
following:
(1) Preserving historic structures within the Park.
(2) Maintaining the natural or cultural landscape of the Park.
(3) Local preservation planning, interpretation, and management
of public visitation for the Park.
(4) Furthering the goals of the Shenandoah Valley Battlefields
Foundation related to the Park.
SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS.
(a) In General.--In recognition that central portions of the Park
are presently owned and operated for the benefit of the public by key
partner organizations, the Secretary shall acknowledge and support the
continued participation of these partner organizations in the
management of the Park.
(b) Park Partners.--Roles of the current key partners include the
following:
(1) Cedar creek battlefield foundation.--The Cedar Creek
Battlefield Foundation may--
(A) continue to own, operate, and manage the lands acquired
by the Foundation within the Park;
(B) continue to conduct reenactments and other events
within the Park; and
(C) transfer ownership interest in portions of their land
to the National Park Service by donation, sale, or other means
that meet the legal requirements of National Park Service land
acquisitions.
(2) National trust for historic preservation and belle grove
incorporated.--The National Trust for Historic Preservation and
Belle Grove Incorporated may continue to own, operate, and manage
Belle Grove Plantation and its structures and grounds within the
Park boundary. Belle Grove Incorporated may continue to own the
house and grounds known as Bowman's Fort or Harmony Hall for the
purpose of permanent preservation, with a long-term goal of opening
the property to the public.
(3) Shenandoah county.--Shenandoah County may continue to own,
operate, and manage the Keister park site within the Park for the
benefit of the public.
(4) Park community partners.--The Secretary shall cooperate
with the Park's adjacent historic towns of Strasburg and
Middletown, Virginia, as well as Frederick, Shenandoah, and Warren
counties in furthering the purposes of the Park.
(5) Shenandoah valley battlefields foundation.--The Shenandoah
Valley Battlefields Foundation may continue to administer and
manage the Shenandoah Valley Battlefields National Historic
District in partnership with the National Park Service and in
accordance with the Management Plan for the District in which the
Park is located.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.