[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 305 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 305

To establish the Shenandoah Valley National Battlefields and Commission 
        in the Commonwealth of Virginia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 31 (legislative day, January 30), 1995

 Mr. Warner (for himself and Mr. Robb) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
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 1995''.

SEC. 2. CONGRESSIONAL 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, the 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, the regional entities of such governments, 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. STATEMENT OF PURPOSE.

    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, the regional entities of such governments, 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:
            (1) The term ``battlefields'' means the Shenandoah Valley 
        National Battlefields established by section 5.
            (2) The term ``Commission'' means the Shenandoah Valley 
        National Battlefields Commission established by section 9.
            (3) The term ``historic core'' means the area that 
        surrounds each unit of the battlefields, is depicted on the map 
        referred to in section 5(a), encompasses important components 
        of a conflict, and provides a strategic context and geographic 
        setting for understanding the conflict.
            (4) The term ``plan'' means the Shenandoah Valley National 
        Battlefields plan approved by the Secretary under section 6.
            (5) The term ``Secretary'' means the Secretary of the 
        Interior.
            (6) The term ``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 of 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, 4) and the Act of 
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). The Secretary shall 
protect, manage, and administer the battlefields for the purposes of 
preserving and interpreting their national, 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, except that no lands 
or interests therein may be acquired under this Act except with the 
consent of the owner thereof.
    (2) Lands or interests therein that are located within the 
battlefields or a historic core area and are owned by the Commonwealth 
of Virginia, or a political subdivision thereof, may be acquired by the 
Secretary under this Act only by donation or exchange.
    (3) The Secretary may not accept, under this Act, donations of 
lands or interests therein acquired through condemnation.
    (d) Living History Demonstrations and Battlefield Enactments.--The 
Secretary shall allow, at any location in the battlefields, any living 
history demonstration or battlefield reenactment that is the same as or 
substantially similar to a demonstration or reenactment that occurred 
at such location at any time during the 12-month period ending on the 
date of the enactment of this Act. The Secretary may allow, at any 
location in the battlefields, any living history demonstration or 
battlefield reenactment that is not described in the preceding sentence 
but that the Secretary determines to be appropriate.

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 to the battlefields;
            (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, 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;
            (8) provisions for a uniform valley-wide historical marker 
        and wayside exhibit program, including a provision for marking, 
        with the consent of the owner, historic structures and 
        properties that are contained within the historic core areas 
        and contribute to the understanding of the battlefields; and
            (9) recommendations for means of ensuring continued local 
        involvement and participation in the management, protection, 
        and development of the battlefields.
    (c) Preparation of Draft Plan.--(1) Not later than 3 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 submitted under subsection (c) and, not later than 90 
days after the date on which the draft plan is submitted, shall 
either--
            (1) approve the draft plan as the plan; or
            (2) reject the draft plan and recommend to the Commission 
        modifications that would make the draft 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 an agreement 
with the owner of property that is located in the battlefields, or in a 
historic core area, and on which a historic monument or tablet 
commemorating a relevant battle has been erected prior to the date of 
the enactment of this Act. The Secretary may make funds available for 
the maintenance, protection, and interpretation of the monument or 
tablet, as the case may be, pursuant to the agreement.

SEC. 8. GRANT PROGRAM.

    (a) In General.--(1) The Secretary may award grants and provide 
technical assistance, to owners of property located within the 
battlefields and historic core areas, to provide 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 plans, 
guidelines, regulations, ordinances, and documents with respect to 
which the Secretary has awarded a grant under this paragraph. 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 the Commission may recommend, after consultation 
with the affected governmental entity, that the Secretary suspend any 
grant awarded pursuant to this paragraph with respect to the plan, 
guideline, regulation, ordinance, or document.
    (C) The Secretary, after consultation with the Commission, shall 
suspend any grant awarded under this paragraph if the Secretary has 
determined that the plan, guideline, regulation, ordinance, or document 
with respect to which the grant is awarded is 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 may not exceed the amount of non-Federal funds provided for the 
preservation, interpretation, planning, development, or implementation 
with respect to which the grant is awarded.
    (c) Additional Conditions.--The Secretary may require such 
additional terms and conditions before awarding any grant under this 
section 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, appointed after the 
        Secretary considers 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 
        of the battlefields).
            (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. The terms of office 
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 at the call of the 
Chairperson or a majority of the members of the Commission, but not 
less than quarterly. Notice of Commission meetings and agendas for the 
meetings 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.
    (o) Termination.--The Commission shall terminate at the expiration 
of the 45-day period beginning on the date on which the Secretary 
approves the plan under section 6(d).

SEC. 10. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall--
            (1) develop the plan and draft 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, and any political 
        subdivision thereof, in the management, protection, and 
        interpretation of the natural, cultural, and historical 
        resources within the historic core areas, except 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.
    (b) Assistance to Nonprofit Organizations.--The Commission may 
assist any nonprofit organization in the management, protection, and 
interpretation of the natural, cultural, and historical resources 
within the historic core areas.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this Act, except that not more 
than $250,000 may be appropriated for any fiscal year for the 
establishment and operation of the Commission.
    (b) Availability of Funds.--Funds made available under subsection 
(a) shall remain available until expended.
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