[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2623 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2623

  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 SENATE OF THE UNITED STATES

                             June 13, 2002

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

_______________________________________________________________________

                                 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 Battlefield and Belle 
Grove Plantation National Historical Park Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish the Cedar Creek Battlefield 
and Belle Grove Plantation 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) serve as a focal point to 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) tell the rich story of the Battle of Cedar Creek and 
        its significance in the conduct of the war in the Shenandoah 
        Valley; and
            (4) 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.

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, September 2000, which preserves the District's 
        historic character, and protects and interprets 10 significant 
        Civil War battlefields within the District, including the Cedar 
        Creek battlefield.
            (4) The Shenandoah Valley Battlefields National Historic 
        District Management Plan and the National Park Service Special 
        Resource Study recognize the Cedar Creek battlefield as the 
        most significant Civil War resource within the Historic 
        District.
            (5) The Shenandoah Valley Battlefields National Historic 
        District 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 to provide permanent protection for 
        the battlefield and to serve as the central site to increase 
        the public's education and awareness of the War's legacy 
        throughout the Historic District.
            (6) 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.
            (7) 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.
            (8) 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.
            (9) 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.
            (10) 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 Battlefield and Belle Grove Plantation National 
        Historical Park Advisory Commission established by section 9.
            (2) Map.--The term ``Map'' means the map entitled ``Cedar 
        Creek Battlefield and Belle Grove Plantation National Historic 
        Park'', numbered CECR-80,000, and dated June 12, 2002.
            (3) Park.--The term ``Park'' means the Cedar Creek 
        Battlefield and Belle Grove Plantation 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 BATTLEFIELD AND BELLE GROVE 
              PLANTATION NATIONAL HISTORICAL PARK.

    (a) Establishment.--There is established the Cedar Creek 
Battlefield and Belle Grove Plantation 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 of 
the 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 up to 50 acres of land outside the park 
boundary, but in close proximity to the park, to develop facilities for 
one or more of the following:
            (1) Visitors.
            (2) Administrative functions.
            (3) Museums.
            (4) Curatorial functions.
            (5) Maintenance.

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 Congress.

SEC. 9. CEDAR CREEK BATTLEFIELD AND BELLE GROVE PLANTATION NATIONAL 
              HISTORICAL PARK ADVISORY COMMISSION.

    (a) Establishment.--There is established the Cedar Creek 
Battlefield and Belle Grove Plantation 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 for 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) 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.
    (f) FACA Nonapplicability.--The Federal Advisory Committee Act 
shall not apply to the Commission.

SEC. 10. CONSERVATION OF CEDAR CREEK BATTLEFIELD AND BELLE GROVE 
              PLANTATION 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 an 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 and National Historic District 
        Management Plan.

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 Bell 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) Gateway communities.--The adjacent historic towns of 
        Strasburg and Middletown shall be acknowledged as Gateway 
        Communities to 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.
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