109 HR 5195 IH: Journey Through Hallowed Ground National Heritage Area Act
U.S. House of Representatives
2006-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
(a)This Act may be cited as the Journey Through Hallowed Ground National Heritage Area Act
of 2006
.
(b)For
the purposes of this Act, the following definitions shall apply:
(1)The terms Heritage Area and Area
mean the Journey Through Hallowed Ground National Heritage Area established by
section 3.
(2)The term management entity means The Journey
Through Hallowed Ground Partnership, a Virginia corporation referred to in
section 3(c), or its successor entity.
(3)The term management plan means the management
plan for the Heritage Area specified in section 5(b).
(4)The
term partner means—
(A)a Federal, State,
or local governmental entity; and
(B)an organization,
private industry, or individual involved in promoting the conservation and
preservation of the historical, cultural and recreational resources of the
Heritage Area.
(5)The
term Secretary means the Secretary of the Interior.
2.
(a)The
Congress finds the following:
(1)Numerous sites of
significant American heritage are situated in the Journey Through Hallowed
Ground National Heritage Area, from Gettysburg, in the Commonwealth of
Pennsylvania, along the Route 15 corridor in Maryland, looping to Harpers
Ferry, West Virginia, back to the Route 15/20 corridor area to Monticello in
Albemarle County in the Commonwealth of Virginia.
(2)Included among the
numerous historically significant sites, structures, battlefields, and
districts are 8 homes of former United States Presidents, the largest
concentration of Civil War battlefields in the country, the greatest
concentration of rural historic districts in the country, 13 National Historic
Landmarks, 2 World Heritage Sites, 15 Main Street Communities, 13 National Park
Units, and 47 Historic Districts, and the largest concentration of Rural
Historic Districts in the country, which are collectively and individually of
national significance in the early history of our Nation.
(3)In 1996, a
collaborative public-private partnership effort, including the National Trust
for Historic Preservation, the National Park Service, Scenic America, private
citizens, and a 4 State coalition of local and regional governmental and
private sector organizations began work to assess historic sites along the
Route 15 Area. The initiative issued a comprehensive study of significant sites
and structures (cataloguing over 7,000 buildings already on the National
Register of Historic Places) in the Heritage Area associated with Native
American, African American, European American, Colonial American,
Revolutionary, and Civil War history, and concluded that the sites possess
historical, cultural, and architectural value of national significance and
retain a high degree of historical integrity.
(4)The preservation
and interpretation of the sites within the Heritage Area will make a vital
contribution to the understanding of the development and heritage of the United
States of America for the education and benefit of present and future
generations.
(5)The Secretary of
the Interior is responsible for protecting the historical and cultural
resources of the United States.
(6)There are
significant examples of those resources within the Heritage Area that merit the
involvement of the Federal Government to develop programs and projects, in
cooperation with the management entity, local, and State governmental bodies,
to adequately conserve, support, protect and interpret this heritage.
(7)Partnerships
between Federal, State, and local governments, the regional entities of such
governments, the private sector, and citizenry offer the most effective
opportunities for the enhancement and management of the historical sites
throughout the 4 State Heritage Area to promote the cultural and historical
attractions of the area for visitors and the local economy.
(8)The Journey
Through Hallowed Ground Partnership would be an appropriate management entity
for a heritage area established in this region.
(b)The
purposes of the Journey Through Hallowed Ground National Heritage Area
are—
(1)to preserve,
support, conserve, and interpret the legacy of the American history created
along the Heritage Area;
(2)to
promote heritage, cultural and recreational tourism and to develop educational
and cultural programs for visitors and the general public;
(3)to recognize and
interpret important events and geographic locations representing key
developments in the creation of America, including Native American, Colonial
American, European American, and African American heritage;
(4)to recognize and
interpret the effect of the Civil War on the civilian population of the
Heritage Area during the war and post-war reconstruction period; and
(5)to enhance a
cooperative management framework to assist the Commonwealth of Virginia, the
State of Maryland, the Commonwealth of Pennsylvania, the State of West
Virginia, and their units of local government, the private sector, and area
citizens in conserving, supporting, enhancing, and interpreting the significant
historic, cultural and recreational sites in the Heritage Area in a manner
consistent with compatible economic development for the benefit and inspiration
of present and future generations.
3.Journey through
hallowed ground national heritage area
(a)There
is hereby established the Journey Through Hallowed Ground National Heritage
Area.
(b)
(1)The Heritage Area shall consist of the 175-miles of
historic transportation routes generally following the Route 15 Area and
surroundings from Adams County, Pennsylvania through Frederick County,
Maryland, looping through Brunswick, Maryland to Harper’s Ferry, West Virginia,
back through Route 9 in Loudoun County to the Route 15 corridor encompassing
Loudoun, Prince William, Fauquier, Culpepper, and Orange Counties in the
Commonwealth of Virginia, and generally following the Route 20/231/22 area
through Albemarle County in the Commonwealth of Virginia. The boundaries of the
Heritage Area shall include all of those lands and interests as generally
depicted on a map entitled The Journey Through Hallowed Ground,
numbered SHVA/80,000 and dated February 2006.
(2)The
map referred to in paragraph (1) shall be on file in the appropriate offices of
the National Park Service.
(3)The
Secretary of the Interior shall publish in the Federal Register, as soon as
practical after the date of the enactment of this Act, a detailed description
and map of the boundaries established under this subsection.
(c)The management entity for the Heritage Area shall be The
Journey Through Hallowed Ground Partnership, a Virginia corporation, the Board
of Directors of which shall include representatives from a broad cross-section
of the individuals, agencies, organizations, States, and governments that were
involved in the planning and development of the Heritage Area before the date
of enactment of this Act and which shall oversee the development of a
management plan in accordance with section 5(b).
4.To carry out the purposes of this Act, the
Secretary shall enter into a compact with the management entity. The compact
shall include information relating to the objectives and management of the
Heritage Area, including each of the following:
(1)A
delineation of the boundaries of the Heritage Area.
(2)A
discussion of the goals and objectives of the Heritage Area.
(3)An explanation of
the proposed approach to conservation and interpretation of the Heritage
Area.
(4)A
general outline of the measures to which the management entity and partners
commit.
5.Authorities and
duties of management entity
(a)Authorities of
the management entity
(1)Authority to
accept fundsThe management
entity may accept funds from any Federal source and from States and their
political subdivisions, private organizations, non-profit organizations, or any
other person to carry out its authorities and duties under this Act.
(2)The management entity may use funds made available under
this Act for purposes of preparing, updating, and implementing the management
plan developed under subsection (b). Such purposes may include the
following:
(A)Making grants to,
and entering into cooperative agreements with, States and their political
subdivisions, private organizations, non-profit organizations or any other
person.
(B)Hiring and
compensating staff.
(C)Entering into
contracts for goods and services.
(D)Acquisition of lands or interests in lands
by gift, devise, or by purchase from a willing seller using donated or
appropriated funds. No lands or interests in lands may be acquired by
condemnation.
(E)Undertaking any
other initiatives that advance the purposes of the Heritage Area.
(b)The management entity shall develop a management plan for
the Heritage Area that—
(1)presents
comprehensive strategies and recommendations for conservation, funding,
management, and development of the Heritage Area;
(2)takes into
consideration existing State, county, and local plans and involves residents,
public agencies, and private organizations working in the Heritage Area;
(3)includes a
description of actions that units of government and private organizations have
agreed to undertake to protect the resources of the Heritage Area;
(4)specifies the
existing and potential sources of funding to protect, support, manage, and
develop the Heritage Area;
(5)includes an
inventory of the property and resources in the Heritage Area that should be
preserved, restored, supported, managed, developed, maintained, or acquired
because of its national historic significance;
(6)lists any
revisions to the boundaries of the Heritage Area proposed by the management
entity and requested by affected local governments;
(7)includes an
analysis of ways in which local, State, and Federal programs may be best
coordinated to promote the purposes of this Act; including recommendations to
the Commonwealth of Virginia, the States of Maryland and West Virginia, and the
Commonwealth of Pennsylvania (and political subdivisions thereof) for the
management, protection, support, and interpretation of the natural, cultural,
and historical resources of the Area;
(8)identifies
appropriate partnerships between the Federal, State, and local governments and
regional entities, and the private sector, in furtherance of the purposes of
the Act;
(9)includes locations
for visitor contact and major interpretive facilities;
(10)includes
provisions for appropriate living history demonstrations and battlefield
reenactments;
(11)includes
provisions for implementing a continuing program interpretation and visitor
education concerning the resources and values of the Area;
(12)includes
provisions for a uniform historical marker and wayside exhibit program in the
Area, 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 Area;
(13)includes
provisions for the protection and interpretation of the natural, cultural, and
historic resources of the Heritage Area consistent with this Act; and
(14)includes
provisions for the development of educational outreach programs for students of
all ages to further the understanding of the vast resources within the Heritage
Area.
(c)Deadline;
termination of funding
(1)The
management entity shall submit the management plan to the Secretary not later
than 2 years after the funds are made available for this Act. Prior to
submitting the draft plan to the Secretary, the management entity shall ensure
that—
(A)the Commonwealth
of Virginia, the States of Maryland and West Virginia, the Commonwealth of
Pennsylvania, and any political subdivision thereof that would be affected by
the plan, receives a copy of the draft plan;
(B)adequate notice of
availability of the draft plan is provided through publication in appropriate
local newspapers in the area of the Heritage Area; and
(C)at least one
public hearing conducted by the management entity in each State at a location
within the Heritage Area to review and receive comments on the draft
plan.
(2)If a management plan is not submitted to the Secretary in
accordance with this subsection, the Secretary shall not, after that date,
provide any grant or other assistance under this Act with respect to the
Heritage Area until a management plan for the Heritage Area is submitted to the
Secretary.
(d)Duties of
management entityThe management entity shall—
(1)give priority to
implementing actions set forth in the compact and management plan;
(2)assist units of
government, regional planning organizations, and nonprofit organizations
in—
(A)establishing and
maintaining interpretive materials and exhibits in the Heritage Area;
(B)developing
historical and cultural resources and educational programs in the Heritage
Area;
(C)increasing public
awareness of and appreciation for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D)the restoration of
any historic building relating to the themes of the Heritage Area;
(E)ensuring that clear
signs identifying access points and sites of interest are put in place
throughout the Heritage Area; and
(F)carrying out other
actions that the management entity determines to be advisable to fulfill the
purposes of this Act;
(3)encourage by
appropriate means economic viability in the Heritage Area consistent with the
goals of the management plan;
(4)consider the
interests of diverse governmental, business, and nonprofit groups within the
Heritage Area; and
(5)for any year in
which Federal funds have been provided to implement the management plan under
subsection (b)—
(A)conduct public
meetings at least annually regarding the implementation of the management
plan;
(B)submit an annual
report to the Secretary setting forth accomplishments, expenses and income, and
each person to which any grant was made by the management entity in the year
for which the report is made; and
(C)require, for all
agreements entered into by the management entity authorizing expenditure of
Federal funds by any other person, that the person making the expenditure make
available to the management entity for audit all records pertaining to the
expenditure of such funds.
(e)Prohibition on
the acquisition of real propertyThe management entity may not
use Federal funds received under this Act to acquire real property or any
interest in real property.
6.Duties and
authorities of the secretary
(a)Technical and
financial assistance
(1)
(A)The Secretary may, upon the request of the management
entity, and subject to the availability of appropriations, provide technical
and financial assistance to the management entity to carry out its duties under
this Act, including updating and implementing a management plan that is
submitted under section 5(b) and approved by the Secretary and, prior to such
approval, providing assistance for initiatives.
(B)If the Secretary has the resources available to
provide technical assistance to the management entity to carry out its duties
under this Act (including updating and implementing a management plan that is
submitted under section 5(b) and approved by the Secretary and, prior to such
approval, providing assistance for initiatives), upon the request of the
management entity the Secretary shall provide such assistance on a reimbursable
basis. This subparagraph does not preclude the Secretary from providing
nonreimbursable assistance under subparagraph (A).
(2)In
assisting the management entity, the Secretary shall give priority to actions
that assist in the—
(A)implementation of
the management plan;
(B)provision of
educational assistance and advice regarding land use management to conserve the
significant historic resources of the region;
(C)development and
application of techniques promoting the preservation of cultural, recreational
and historic properties;
(D)preservation,
restoration, and reuse of publicly and privately owned historic
buildings;
(E)design and
fabrication of a wide range of interpretive materials based on the management
plan, including, among other things, guide brochures, visitor displays,
audio-visual, books, interpretive dialogues, interactive exhibits, and
educational curriculum materials for public education; and
(F)implementation of
initiatives prior to approval of the management plan.
(b)Approval and
disapproval of management plansThe Secretary, in consultation
with the Governors of the Commonwealth of Virginia, the States of Maryland and
West Virginia, the Commonwealth of Pennsylvania, shall approve or disapprove a
management plan submitted under this Act not later than 90 days after receiving
such plan. In approving the plan, the Secretary shall take into consideration
the following criteria:
(1)The extent to which
the management plan, when implemented, would adequately preserve, support and
protect the significant historical, cultural and recreational resources of the
Heritage Area.
(2)The level of
public participation in the development of the management plan.
(3)The extent to
which the board of directors of the management entity is representative of the
local governments affected and a wide range of interested organizations and
citizens.
(c)Action following
disapprovalIf the Secretary disapproves a management plan, the
Secretary shall advise the management entity in writing of the reasons for the
disapproval and shall make recommendations for revisions in the management
plan. The Secretary shall approve or disapprove a proposed revision within 90
days after the date it is submitted.
(d)The Secretary shall review and approve amendments to the
management plan under subsection (b) that make substantial changes. Funds
appropriated under this Act may not be expended to implement such changes until
the Secretary approves the amendments.
(e)If the Secretary does not approve or disapprove a
management plan, revision, or change within 90 days after it is submitted to
the Secretary, then such management plan, revision, or change shall be deemed
to have been approved by the Secretary.
7.Duties of other
federal entitiesAny Federal
entity conducting or supporting activities directly affecting the Heritage Area
shall—
(1)consult with the
Secretary and the management entity with respect to such activities;
(2)cooperate with the
Secretary and the management entity in carrying out their duties under this Act
and, to the maximum extent practicable, coordinate such activities with the
carrying out of such duties; and
(3)to the maximum
extent practicable, conduct or support such activities in a manner that the
management entity determines shall not have an adverse effect on the Heritage
Area.
8.The Secretary may not make any grant or
provide any assistance under this Act after the expiration of the 15-year
period beginning on the date that funds are first made available for this
Act.
9.Requirements for
inclusion of private property
(a)Notification and
consent of property owners requiredNo privately owned property shall be
preserved, conserved, or promoted under the management plan for the Heritage
Area until the owner of that private property has been—
(1)notified in
writing by the management entity; and
(2)given written
consent for such preservation, conservation, or promotion to the management
entity.
(b)Any owner of private property included within the
boundary of the Heritage Area shall have their property immediately removed
from the boundary by submitting a written request to the management
entity.
(c)If private property
included within the boundary of the Heritage Area has been excluded from the
Heritage Area or has not been preserved, conserved, or promoted under the
management plan for the Heritage Area because the owner has not given or has
withdrawn consent, upon change of ownership of that private property, the
management entity may request consent from the new owners.
10.Private property
protection
(a)Access to
private propertyNothing in this Act shall be construed
to—
(1)require any
private property owner to allow public access (including Federal, State, or
local government access) to such private property; or
(2)modify any
provision of Federal, State, or local law with regard to public access to or
use of private property.
(b)Designation
of the Heritage Area shall not be considered to create any liability, or to
have any effect on any liability under any other law, of any private property
owner with respect to any persons injured on such private property.
(c)Recognition of
authority to control land useNothing in this Act shall be
construed to modify the authority of Federal, State, or local governments to
regulate land use.
(d)Participation of
private property owners in heritage areaNothing in this Act
shall be construed to require the owner of any private property located within
the boundaries of the Heritage Area to participate in or be associated with the
Heritage Area.
(e)The boundaries designated for the Heritage Area
represent the area within which Federal funds appropriated for the purpose of
this Act may be expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting regulatory
authority on land use within the Heritage Area or its viewshed by the
Secretary, the National Park Service, or the management entity.
11.Use of federal
funds from other sourcesNothing in this Act shall preclude the
management entity from using Federal funds available under Acts other than this
Act for the purposes for which those funds were authorized.
12.Authorization of
appropriations
(a)There are authorized to be appropriated to carry out this
Act the following funds, which shall remain available until expended:
(1)Not more than
$1,000,000 for any fiscal year.
(2)Not more than a
total of $10,000,000.
(b)Financial assistance provided under this Act may not be
used to pay more than 50 percent of the total cost of any activity carried out
with that assistance.