[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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