[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4944 Reported in House (RH)]
Union Calendar No. 444
107th CONGRESS
2d Session
H. R. 4944
[Report No. 107-713]
To designate the Cedar Creek Battlefield and Belle Grove Plantation
National Historical Park as a unit of the National Park System, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2002
Mr. Wolf (for himself and Mr. Goodlatte) introduced the following bill;
which was referred to the Committee on Resources
October 1, 2002
Reported with amendments, 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 June
13, 2002]
_______________________________________________________________________
A BILL
To designate the Cedar Creek Battlefield and Belle Grove Plantation
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 CECR-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 map 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 within and near 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.
Amend the title so as to read: ``A bill to designate the
Cedar Creek and Belle Grove National Historical Park as a unit
of the National Park System, and for other purposes.''.
Union Calendar No. 444
107th CONGRESS
2d Session
H. R. 4944
[Report No. 107-713]
_______________________________________________________________________
A BILL
To designate the Cedar Creek Battlefield and Belle Grove Plantation
National Historical Park as a unit of the National Park System, and for
other purposes.
_______________________________________________________________________
October 1, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed