[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1961 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1961

   To designate the Tennessee Civil War Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 1995

   Mr. Gordon (for himself, Mr. Quillen, Mr. Ford, Mr. Clement, Mr. 
Tanner, and Mr. Wamp) introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To designate the Tennessee Civil War Heritage Area, 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. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) there are situated in the State of Tennessee the sites 
        of several key Civil War battles, campaigns, and engagements;
            (2) certain sites, battlefields, structures, and areas in 
        Tennessee are collectively of national significance in the 
        history of the Civil War;
            (3) the Civil War Sites Advisory Commission, established by 
        Congress in 1991, identified 38 sites in Tennessee as 
        significant;
            (4) the preservation and interpretation of these sites will 
        make an important contribution to the understanding of the 
        heritage of the United States;
            (5) the preservation of Civil War sites within a regional 
        framework requires cooperation among local property owners and 
        Federal, State, and local government entities; and
            (6) 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 located in Tennessee.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve, conserve, and interpret the legacy of the 
        Civil War in Tennessee;
            (2) to recognize and interpret important events and 
        geographic locations representing key Civil War battles, 
        campaigns, and engagements in Tennessee;
            (3) to recognize and interpret the effect of the Civil War 
        on the civilian population of Tennessee during the war and 
        postwar reconstruction period; and
            (4) to create partnerships among Federal, State, and local 
        governments and their regional entities, and the private sector 
        to preserve, conserve, enhance, and interpret the battlefields 
        and associated sites associated with the Civil War in 
        Tennessee.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``national heritage area'' means the Tennessee 
        Civil War Heritage Area as designated pursuant to section 3.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``compact'' means the compact approved under 
        section 4.
            (4) The term ``management plan'' means the management plan 
        submitted under section 5.

SEC. 3. TENNESSEE CIVIL WAR HERITAGE AREA.

    (a) Designation.--Upon publication by the Secretary in the Federal 
Register of notice that a compact regarding the Tennessee Civil War 
Heritage Area has been approved by the Secretary in accordance with 
this Act, there shall be designated the Tennessee Civil War Heritage 
Area.
    (b) Boundaries.--The Tennessee Civil War Heritage Area shall be 
comprised of areas of the State of Tennessee depicted on the map 
entitled ``Tennessee Civil War Heritage Area''. The map shall be on 
file and available for public inspection in the office of the Director 
of the National Park Service.
    (c) Administration.--The national heritage area shall be 
administered in accordance with the compact and the management plan.

SEC. 4. COMPACT.

    (a) Compact.--The compact referred to in section 3(a) shall include 
information relating to the objectives and management of the area 
proposed for designation as a national heritage area. Such information 
shall include (but not be limited to) each of the following:
            (1) A delineation of the boundaries of the proposed 
        National Heritage Area.
            (2) A discussion of the goals and objectives of the 
        proposed national heritage area, including an explanation of 
        the approach, proposed by the partners referred to in paragraph 
        (4), to conservation and interpretation of resources.
            (3) An identification and description of the management 
        entity that will administer the proposed national heritage 
        area.
            (4) A list of the initial partners to be involved in 
        developing and implementing the management plan for the 
        proposed national heritage area, and a statement of the 
        financial commitment of the partners.
            (5) A description of the role of the State of Tennessee.
    (b) Preparation of and Actions Called For in Compact.--The compact 
shall be prepared with public participation. Actions called for in the 
compact shall be likely to be initiated within a reasonable time after 
designation of the proposed national heritage area and shall ensure 
effective implementation of the State and local aspects of the compact.
    (c) Approval and Disapproval of Compacts.--(1) The Secretary, in 
consultation with the Governor of Tennessee, shall approve or 
disapprove the proposed compact not later than 90 days after receiving 
such compact.
    (2) If the Secretary disapproves a proposed compact, the Secretary 
shall advise, in writing, the reasons for the disapproval and shall 
make recommendations for revisions of the proposed compact. The 
Secretary shall approve or disapprove a proposed revision to such a 
compact within 90 days after the date on which the revision is 
submitted to the Secretary.

SEC. 5. MANAGEMENT.

    (a) Management Plans.--A management plan submitted under this Act 
for the national heritage area shall present comprehensive 
recommendations for the conservation, funding, management, and 
development of the area. The management plan shall--
            (1) be prepared with public participation;
            (2) take into consideration existing Federal, State, 
        county, and local plans and involve residents, public agencies, 
        and private organizations in the area;
            (3) include a description of actions that units of 
        government and private organizations are recommended to take to 
        protect the resources of the area;
            (4) specify existing and potential sources of funding for 
        the conservation, management, and development of the area; and
            (5) include the following, as appropriate:
                    (A) An inventory of the resources contained in the 
                national heritage area, including a list of property in 
                the area that should be conserved, restored, managed, 
                developed, or maintained because of the natural, 
                cultural, or historic significance of the property as 
                it relates to the themes of the area.
                    (B) A recommendation of policies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including (but not limited to) the development of 
                intergovernmental cooperative agreements to manage the 
                historical, cultural, and natural resources and the 
                recreational opportunities of the area in a manner 
                consistent with the support of appropriate and 
                compatible economic viability.
                    (C) A program, including plans for restoration and 
                construction, for implementation of the management plan 
                by the management entity specified in the compact for 
                the area and specific commitments, for the first 5 
                years of operation of the plan, by the partners 
                identified in the compact.
                    (D) An analysis of means by which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act.
                    (E) An interpretive plan for the National Heritage 
                Area.
    (b) Management Entities.--The management entity for the national 
heritage area shall do each of the following:
            (1) Develop and submit to the Secretary a management plan 
        not later than three years after the date of the designation of 
        the area as a national heritage area.
            (2) Give priority to the implementation of actions, goals, 
        and policies set forth in the compact and management plan for 
        the area, including--
                    (A) assisting units of government, regional 
                planning organizations, and nonprofit organizations--
                            (i) in conserving the national heritage 
                        area;
                            (ii) in establishing and maintaining 
                        interpretive exhibits in the area;
                            (iii) in developing recreational 
                        opportunities in the area;
                            (iv) in increasing public awareness of and 
                        appreciation for the natural, historical, and 
                        cultural resources of the area;
                            (v) in the restoration of historic 
                        buildings that are located within the 
                        boundaries of the area and relate to the themes 
                        of the area; and
                            (vi) in ensuring that clear, consistent, 
                        and environmentally appropriate signs 
                        identifying access points and sites of interest 
                        are put in place throughout the area; and
                    (B) consistent with the goals of the management 
                plan, encouraging economic viability in the affected 
                communities by appropriate means.
            (3) In developing and implementing the management plan for 
        the area, consider the interests of diverse units of 
        government, businesses, private property owners, and nonprofit 
        groups within the geographic area.
            (4) Conduct public meetings at least quarterly regarding 
        the implementation of the management plan for the area.
    (c) Clearing House.--The Congress recognizes the Center for 
Historic Preservation at Middle Tennessee State University as the 
clearing house for the Tennessee Civil War Heritage Area.

SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Secretary of the Interior.--The Secretary--
            (1) may provide technical assistance to units of government 
        and private nonprofit organizations regarding feasibility 
        studies and the compact and, upon request of the management 
        entity for the national heritage area, regarding the management 
        plan and its implementation;
            (2) may not, as a condition of the award of technical 
        assistance under this section, require any recipient of such 
        technical assistance to enact or modify land use restrictions; 
        and
            (3) may not make limitations on fishing, hunting, or 
        trapping a condition for the approval of the compact or the 
        determination of eligibility for technical assistance under 
        this section.
    (b) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting the national heritage area 
shall consider the potential effect of the activity on the management 
plan for the area and shall consult with the Governor of Tennessee with 
respect to the activity to minimize the adverse effects of the activity 
on the area.
SEC. 7. SAVINGS PROVISIONS.

    (a) Lack of Effect on Authority of Governments.--Nothing in this 
Act shall be construed to modify, enlarge, or diminish any authority of 
the Federal, State, or local governments to regulate any use of land as 
provided for by law or regulation.
    (b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this 
Act shall be construed to grant powers of zoning or land use to any 
management entity for the national heritage area.
    (c) Fish and Wildlife.--The designation of the national heritage 
area shall not diminish the authority of the State of Tennessee to 
manage fish and wildlife, including the regulation of fishing and 
hunting within such area.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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