[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 1033

_______________________________________________________________________

                                 AN ACT

To establish the Shenandoah Valley National Battlefields and Commission 
        in the Commonwealth of Virginia, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 1033

_______________________________________________________________________

                                 AN ACT


 
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 1994''.

SEC. 2. 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 Congress enacted legislation directing the 
        Secretary of the Interior to prepare a comprehensive study of 
        significant sites and structures associated 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 understanding 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 government entities; and
            (7) partnerships between Federal, State, and local 
        governments and their regional entities, and the private sector 
        offer the most effective opportunities for the enhancement and 
        management of the Civil War battlefields and related sites in 
        the Shenandoah Valley.

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;
            (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. (Stonewall) 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 Shenandoah Valley during the war 
        and postwar reconstruction period; and
            (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.

SEC. 4. DEFINITIONS.

    As used in this Act, the term--
            (1) ``battlefields'' means the Shenandoah Valley National 
        Battlefields established under section 5;
            (2) ``Commission'' means the Shenandoah Valley National 
        Battlefields Commission established in section 9;
            (3) ``historic core'' means the area surrounding each unit 
        of the battlefields as depicted on the map referenced in 
        section 5(a) that encompasses important components of a 
        conflict and that provides a strategic context and geographic 
        setting for understanding the conflict;
            (4) ``plan'' means the Shenandoah Valley National 
        Battlefields plan approved by the Secretary pursuant to section 
        6;
            (5) ``Secretary'' means the Secretary of the Interior; and
            (6) ``Shenandoah Valley'' means the Shenandoah Valley in 
        the Commonwealth of Virginia.

SEC. 5. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

    (a) Establishment.--(1) To carry out the purposes of this Act, 
there is hereby established the Shenandoah Valley National Battlefields 
in the Commonwealth of Virginia. The battlefields shall consist of 
approximately 1,863 acres of lands and interests therein as generally 
depicted on the map entitled ``Shenandoah Valley National 
Battlefields'', numbered SHVA / 80,000 and dated April 1994, comprising 
units at Cedar Creek, Cross Keys, Fisher's Hill, McDowell, 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 Commission and 
following an opportunity for public comment, make minor revisions to 
the boundaries of the battlefields.
    (b) Administration.--The Secretary shall administer the 
battlefields in accordance with this Act and with provisions of law 
generally applicable to the National Park System, including the Act 
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4) and the Act 
approved August 21, 1935 (49 Stat. 666). The Secretary shall protect, 
manage, and administer the battlefields for the purposes of preserving 
and interpreting their 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 
generations.
    (c) Land Acquisition.--(1) Except as otherwise provided in this 
subsection, the Secretary is authorized to acquire lands and interests 
therein within the boundaries of the battlefields by donation, purchase 
with donated or appropriated funds, or exchange: Provided, That no 
lands or interests therein may be acquired except with the consent of 
the owner thereof.
    (2) Lands or interests therein within the battlefields that are 
owned by the Commonwealth of Virginia or a political subdivision 
thereof, may be acquired only by donation or exchange.
    (3) The Secretary may not accept donations of lands or interests 
therein acquired through condemnation.

SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS PLAN.

    (a) In General.--The battlefields shall be managed by the Secretary 
pursuant to this Act and the Shenandoah Valley National Battlefields 
plan developed by the Commission 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 modifications to the boundaries of 
        the historic core of each unit, and the potential addition of 
        new units;
            (2) provisions for the management, protection, and 
        interpretation of the natural, cultural, and historical 
        resources of the battlefields, consistent with the purposes of 
        this Act;
            (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 historic 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 between the 
        Secretary and other Federal, State, and local governments and 
        regional entities, and the private sector, in furtherance of 
        the purposes of this Act;
            (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 concerning the resources 
        and values of the battlefields and historic core areas; and
            (8) provisions for a uniform valley-wide historical maker 
        and wayside exhibit program, including a provision for marking, 
        with the consent of the owner, historic structures and 
        properties contained within the historic core areas, as 
        identified on the map referred to in section 5(a), that 
        contribute to the understanding of the battlefields.
    (c) Preparation of Draft Plan.--(1) Not later than 2 years after 
the date on which the Commission conducts its first meeting, the 
Commission shall submit to the Secretary a draft plan that meets the 
requirements of subsection (b).
    (2) Prior to submitting the draft plan to the Secretary, the 
Commission 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 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 Secretary shall review 
the draft plan, and, not later than 90 days after the date on which the 
draft plan is submitted, shall either--
            (1) approve the plan; or
            (2) reject the plan and recommend modifications to the 
        Commission that would make the plan acceptable.

SEC. 7. COOPERATIVE AGREEMENTS.

    (a) In General.--In furtherance of the purposes of this Act, the 
Secretary may establish partnerships and enter into cooperative 
agreements concerning lands and interests therein within the 
battlefields and historic core areas with other Federal, State, or 
local agencies, and private persons and organizations.
    (b) Historic Monuments.--The Secretary may enter into agreements 
with the owners of property in the battlefields and historic core areas 
on which historic monuments and tablets commemorating the battles have 
been erected prior to the date of enactment of this Act. The Secretary 
may make funds available for the maintenance, protection, and 
interpretation of the monuments and tablets pursuant to such 
agreements.

SEC. 8. GRANT PROGRAM.

    (a) In General.--(1) Within the battlefields and historic core 
areas, the Secretary may award grants and provide technical assistance 
to property owners to provided for the preservation and interpretation 
of the natural, cultural, and historical resources within the 
battlefields and historic core areas.
    (2)(A) The Secretary, after consultation with the Commission, may 
award grants and provide technical assistance to governmental entities 
to assist with the planning, 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 battlefields and historic core 
areas.
    (B) The Commission shall conduct a regular review of approved 
plans, guidelines, regulations, ordinances, or documents. If the 
Commission finds that any such plan, guideline, regulation, 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, after consultation with the affected governmental 
entity, the Commission may recommend that the Secretary withdraw 
approval and suspend any grant authority pursuant to this section.
    (C) The Secretary, after consultation with the Commission, shall 
suspend any grant awarded under this paragraph if the Secretary has 
determined that such plans, guidelines, regulations, ordinances, or 
documents are 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 shall be matched by non-Federal funds on a one-to-one basis.
    (c) Additional Conditions.--The Secretary may require such 
additional terms and conditions before awarding any grant as the 
Secretary determines to be necessary.

SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION.

    (a) Establishment.--There is hereby established the Shenandoah 
Valley National Battlefields Commission.
    (b) Membership.--The commission shall be composed 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, after considering 
        recommendations made by appropriate local governing bodies.
            (2) 10 members representing property owners within the 
        battlefields or historic core areas (1 member within each 
        unit).
            (3) 1 member with demonstrated expertise in historic 
        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 
successor of the member is appointed.
    (d) Election of Officers.--The Commission shall elect one of its 
members 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.
    (e) Vacancy.--Any vacancy on the Commission shall be filled in the 
same manner in which the original appointment 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 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 
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 Administrator of the 
General Services Administration shall provide to the Commission, on a 
reimbursable basis, such administrative support services as the 
Commission may request.
    (j) Federal 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 
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 reimburse members for expenses 
reasonably incurred in carrying out the responsibilities of the 
Commission under this Act.
    (m) 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.
    (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.

SEC. 10. DUTIES OF THE COMMISSION.

    The Commission shall--
            (1) develop the plan referred to in section 6, in 
        consultation with the Secretary;
            (2) advise the Secretary on the administration of the 
        battlefields;
            (3) assist the Commonwealth of Virginia, or any political 
        subdivision thereof, or any nonprofit organization, in the 
        management, protection, and interpretation of the natural, 
        cultural and historical resources within the historic core 
        areas: Provided, however, 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 protection of the 
        natural, cultural, and historic resources within the 
        battlefields and historic core areas by landowners, local 
        governments, organizations, and businesses.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated such 
sums as are necessary to carry out this Act, except that no more than 
$250,000 may be appropriated for the establishment and operation of the 
Commission.
    (b) Availability of Funds.--Funds made available under subsection 
(a) shall remain available until expended.

            Passed the Senate June 8 (legislative day, June 7), 1994.

            Attest:






                                                             Secretary.

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