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 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 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)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.