[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1270 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1270

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2007

   Mr. Bartlett of Maryland introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Journey Through Hallowed Ground National Heritage Area 
           Education and Tourism Act, 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 Education and Tourism Act of 
2007''.
    (b) Definitions.--For the purposes of this Act, the following 
definitions apply:
            (1) Heritage area.--The terms ``Heritage Area'' means 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 nonprofit corporation, or its successor entity.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area specified in section 
        4(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 historical, 
                cultural, and recreational resources of the Heritage 
                Area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Participating locality.--The term ``participating 
        locality'' means a unit of local government which has formally 
        requested to be included in the Heritage Area, and has sent 
        notification of such pursuant to section 4(c)(1)(D).

SEC. 2. PURPOSE.

    The purposes of the Heritage Area are--
            (1) to support, and interpret the legacy of the history of 
        the United States 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 the United States, 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 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 supporting, enhancing, and 
        interpreting the significant historic, cultural, and 
        recreational sites in the Heritage Area.

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

    (a) Establishment.--There is hereby established the Journey Through 
Hallowed Ground National Heritage Area.
    (b) Region Eligible for Inclusion in the Heritage Area.--
            (1) In general.--The Heritage Area may consist of the 175-
        mile region generally following the Route 15 corridor and 
        surrounding areas from Adams County, Pennsylvania, through 
        Frederick County, Maryland, looping through Brunswick, 
        Maryland, to Harpers Ferry, West Virginia, back through Loudoun 
        County, Virginia, to the Route 15 corridor encompassing 
        portions of Loudoun and Prince William Counties, Virginia, 
        Fauquier County, Virginia, portions of Spotsylvania and Madison 
        Counties, Virginia, and Culpeper, Rappahannock, Orange, and 
        Albemarle Counties, Virginia. The boundaries of the Heritage 
        Area may include the participating localities contained within 
        the map entitled ``The Journey Through Hallowed Ground National 
        Heritage Area,'' numbered P90/80,000 and dated October 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.--As soon as practical after the date of 
        the enactment of this Act, the Secretary shall publish in the 
        Federal Register a detailed description and map of the 
        participating localities established under this subsection.
    (c) Management Entity.--The management entity for the Heritage Area 
shall be The Journey Through Hallowed Ground Partnership, which shall 
include representatives from a broad cross-section of the individuals, 
agencies, organizations, States, and governments.
    (d) Board of Trustees.-- Membership on the board of trustees of the 
management entity shall be open to the public and include 
representatives from a broad cross-section of individuals, agencies, 
organizations, States, and governments participating in the Heritage 
Area that will oversee the development of the management plan.

SEC. 4. 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 non-Federal source, including States and 
        their political subdivisions, private organizations, nonprofit 
        organizations, or any other person, to carry out its duties 
        under this Act.
            (2) Use of funds.--The management entity may use funds to 
        prepare, update, and implement the management plan developed 
        under subsection (b). The management entity may not make grants 
        to States or their political subdivisions. The management 
        entity may use funds for other purposes, including the 
        following:
                    (A) Making grants to, and entering into cooperative 
                agreements with, private organizations, nonprofit 
                organizations, or any other private individual.
                    (B) Hiring and compensating staff.
                    (C) Entering into contracts for goods and services 
                related to the production of maps, brochures, and other 
                educational and promotional materials.
            (3) Meetings.--All meetings conducted by the management 
        entity shall be open to the public and minutes of each meeting 
        shall be made available to the public.
    (b) Management Plan.--The management entity shall develop a 
management plan for the Heritage Area that--
            (1) presents comprehensive strategies and recommendations 
        for promoting tourism within the Heritage Area and educating 
        the public about the historic significance 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) specifies the existing and potential sources of funding 
        to promote tourism within the Heritage Area;
            (4) lists participating localities;
            (5) includes an analysis of ways in which local, State, and 
        Federal programs can 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 promotion, support, and 
        interpretation of the natural, cultural, and historical 
        resources of the Heritage Area;
            (6) includes locations for visitor contact and major 
        interpretive facilities;
            (7) includes recommendations for appropriate living history 
        demonstrations and battlefield reenactments;
            (8) includes recommendations for implementing a continuing 
        program of interpretation and visitor education concerning the 
        resources and values of the Heritage Area;
            (9) includes recommendations for a uniform historical 
        marker and wayside exhibit program in the Heritage 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 Heritage Area;
            (10) includes recommendations for the interpretation of the 
        natural, cultural, and historic resources of the Heritage Area 
        consistent with this Act; and
            (11) includes recommendations 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 Assistance.--
            (1) Deadline.--The management entity shall submit the 
        management plan to the Secretary not later than 2 years after 
        the enactment of 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, receive 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;
                    (C) at least one public hearing conducted by the 
                management entity in each Congressional district that 
                is included in the region of potential inclusion of the 
                Heritage Area;
                    (D) each residential and commercial property owner 
                within a participating locality has been notified, via 
                United States Postal Service first class letter, by the 
                local unit of government requesting inclusion in the 
                heritage area; and
                    (E) the Board of Trustees of the management entity 
                has unanimously endorsed the draft plan.
            (2) Termination of assistance.--If a management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        the Secretary shall not, after that date, provide any 
        assistance under this Act with respect to the Heritage Area 
        until such 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 
        management plan;
            (2) assist units of government 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) restoring any historic building relating to the 
                themes of the Heritage Area; and
                    (E) ensuring that clear signs identifying access 
                points and sites of interest are placed throughout the 
                Heritage Area; and
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area.
    (e) Consequences of Noncompliance.--If the management entity does 
not comply with the provisions of this Act, it shall cease to be the 
management entity and its authority as such shall not be recognized, 
nor shall its management plan or any other work product be used, to 
implement this Act.

SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical Assistance.--
            (1) In general.--The Secretary may, upon the request of the 
        management entity and subject to the availability of resources, 
        provide technical assistance to the management entity to carry 
        out its duties under this Act, including updating and 
        implementing the management plan that is submitted under 
        section 4(b) and approved by the Secretary and, prior to such 
        approval, providing assistance for initiatives.
            (2) Priority.--In assisting the management entity, the 
        Secretary shall give priority to actions that assist in the--
                    (A) creation of the management plan;
                    (B) provision of educational assistance and advice 
                regarding promotion of the heritage area; and
                    (C) design and fabrication of a wide range of 
                interpretive materials based on the management plan, 
                such as guide brochures, visitor displays, audio-
                visual, books, interpretive dialogues, interactive 
                exhibits, and educational curriculum materials for 
                public education.
    (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, and the Commonwealth of 
Pennsylvania, shall approve or disapprove a management plan submitted 
under this Act not later than 180 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 support and promote 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 trustees 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 not later than 90 days 
after the date it is submitted.
    (d) Approving Changes.--Amendments to the approved management plan 
for the Heritage Area that make substantial changes shall not be 
effective until approved by the Secretary under the same timeline as 
the management plan was approved.

SEC. 6. SUNSET.

    The Secretary may not provide any assistance under this Act after 
the expiration of the 10-year period beginning on the date of the 
enactment of this Act.

SEC. 7. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved or promoted under the 
management plan for the Heritage Area until the owner of that private 
property has--
            (1) been notified in writing by the management entity; and
            (2) given written consent to the management entity for such 
        preservation or promotion.
    (b) Landowner Withdrawal.--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 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. 8. 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) Compensation for Lost Use.--If a local governmental entity 
within the boundaries of the Heritage Area promulgates new land use 
regulations following the date of the enactment of this Act that 
restrict the use of private property, or any interest therein, thereby 
reducing the value of the property, then that governmental agency shall 
pay the owner of the property just compensation in an amount no less 
than the fair market value of the lost use as of the date that the 
owner makes written request for compensation. The local governmental 
entity shall compensate the property owner not later than 180 day after 
receiving the property owners written request for compensation.
    (e) Fair Market Value.--For purposes of this Act, ``fair market 
value'' is the price a buyer would be willing to pay for the affected 
portion of the private property, including business losses, if such 
private property was placed on the market by a willing seller. Such 
fair market value shall be determined by an appraisal by two or more 
licensed, independent appraisers. If substantial differences exist 
between appraisals commissioned by the property owner and by the local 
governmental entity, fair market value shall either be an amount agreed 
to by the property owner and the public entity, or by an independent 
appraiser jointly selected by both.
    (f) Failure To Comply.--Any local government entity that fails to 
comply with subsection (d) shall not be eligible to participate in the 
Heritage Area and shall be barred from receiving any Federal funds for 
a period of 3 years.
    (g) 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.
    (h) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which specific, eligible 
localities have been included in the area. 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. 9. FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act shall not apply 
to the Board of Trustees of the Heritage Area.
    (b) Compliance.--Notwithstanding subsection (a), the Board of 
Trustees shall be appointed and operate in a manner consistent with all 
provisions of the Federal Advisory Committee Act with respect to--
            (1) the balance of its membership;
            (2) provision of public notice regarding its activities;
            (3) open meetings; and
            (4) public access to documents created by Board of 
        Trustees.
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