[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2645 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2645

  To establish the Journey Through Hallowed Ground National Heritage 
                     Area, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2006

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

_______________________________________________________________________

                                 A BILL


 
  To establish the Journey Through Hallowed Ground National 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. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Journey Through 
Hallowed Ground National Heritage Area Act of 2006''.
    (b) Definitions.--For the purposes of this Act, the following 
definitions shall apply:
            (1) Heritage area.--The terms ``Heritage Area'' and 
        ``Area'' mean the Journey Through Hallowed Ground National 
        Heritage Area established by section 3.
            (2) Management entity.--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) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area specified in section 
        5(b).
            (4) Partner.--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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--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 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) Purpose.--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.

SEC. 3. JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Journey Through 
Hallowed Ground National Heritage Area.
    (b) Boundaries.--
            (1) In general.--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) Map.--The map referred to in paragraph (1) shall be on 
        file in the appropriate offices of the National Park Service.
            (3) Publication.--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) Management Entity.--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).

SEC. 4. COMPACT.

    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.

SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

    (a) Authorities of the Management Entity.--
            (1) Authority to accept funds.--The 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) Use of funds.--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) Management Plan.--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) Deadline.--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 1 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) Termination of funding.--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 Entity.--The 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 Property.--The 
management entity may not use Federal funds received under this Act to 
acquire real property or any interest in real property.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--
                    (A) Overall assistance.--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) Other assistance.--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) Priority.--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 Plans.--The 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 Disapproval.--If 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) Approving Changes.--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) Effect of Inaction.--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.

SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.

    Any 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.

SEC. 8. SUNSET.

    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.

SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
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) Landowner Withdraw.--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) Change of Ownership.--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.

SEC. 10. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing 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) Liability.--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 Use.--Nothing 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 Area.--
Nothing 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) Effect of Establishment.--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.

SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

    Nothing 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.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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) 50 Percent Match.--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.
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