[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 289 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 289

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2007

Mr. Warner (for himself, Mr. Cardin, Ms. Mikulski, Mr. Webb, Mr. Casey, 
  and Mr. Rockefeller) 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Journey Through 
Hallowed Ground National Heritage Area Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Journey Through Hallowed Ground National Heritage Area.
Sec. 5. Authorities and duties of management entity.
Sec. 6. Approval or disapproval of management plan.
Sec. 7. Provision of financial and technical assistance.
Sec. 8. Duties of other Federal entities.
Sec. 9. Sunset for grants and other assistance.
Sec. 10. Requirements for inclusion of private property.
Sec. 11. Private property protection.
Sec. 12. Use of Federal funds from other sources.
Sec. 13. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Journey Through Hallowed Ground National Heritage Area.
            (2) Management entity.--The term ``management entity'' 
        means The Journey Through Hallowed Ground Partnership, a 
        Virginia nonprofit corporation referred to in section 4(c), or 
        its successor entity.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area.
            (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. 3. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Numerous sites of significant American heritage are 
        situated within the boundaries of the Journey Through Hallowed 
        Ground National Heritage Area established by section 4, which 
        runs from Gettysburg in the Commonwealth of Pennsylvania, 
        generally along Route 15 in Maryland, looping to Harpers Ferry, 
        West Virginia, back to the Route 15/231 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, 15 
        National Historic Landmarks, two World Heritage Sites, 15 Main 
        Street Communities, 11 units of the National Park System, 52 
        Historic Districts, and a significant concentration of Rural 
        Historic Districts, which are collectively and individually of 
        national significance in the history of the United States.
            (3) In 1996, a collaborative public-private partnership, 
        including the National Trust for Historic Preservation, the 
        National Park Service, Scenic America, private citizens, and a 
        four-State coalition of local and regional governmental and 
        private sector organizations, began an initiative to assess 
        historic sites along the Route 15 corridor and surrounding 
        areas. The initiative issued a comprehensive study of 
        significant sites and structures (cataloguing over 13,000 
        buildings already on the National Register of Historic Places) 
        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 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 and 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 four-State Heritage Area to 
        promote the cultural and historical attractions of the Heritage 
        Area for visitors and the local economy.
            (8) The Journey Through Hallowed Ground Partnership would 
        be an appropriate management entity for the Heritage Area.
    (b) Purposes.--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 
        citizens residing in the Heritage Area in conserving, 
        supporting, enhancing, and interpreting the significant 
        historic, cultural and recreational sites in the Heritage Area.

SEC. 4. 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-mile region generally following the Route 15 corridor and 
        surrounding areas from Adams County, Pennsylvania, through 
        Frederick County, Maryland, including the Heart of the Civil 
        War Maryland State Heritage Area, looping through Brunswick, 
        Maryland, to Harpers Ferry, West Virginia, back through Loudoun 
        County, Virginia, to the Route 15 corridor and surrounding 
        areas encompassing portions of Loudoun and Prince William 
        Counties, Virginia, then Fauquier County, Virginia, portions of 
        Spotsylvania and Madison Counties, Virginia, and Culpepper, 
        Rappahannock, Orange, and Albemarle Counties, Virginia. The 
        boundaries of the Heritage Area shall include all of those 
        lands and interests as generally depicted on the map titled 
        ``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.
    (c) Management Entity.--The management entity for the Heritage Area 
shall be The Journey Through Hallowed Ground Partnership, a Virginia 
nonprofit corporation.
    (d) Board of Trustees.--The board of trustees of the management 
entity shall include representatives from a broad cross-section of the 
individuals, agencies, organizations, States, and governments that--
            (1) are partners of the management entity; and
            (2) will oversee the development and implementation of the 
        management plan.

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, nonprofit 
        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. 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, services, 
                and leases for office space.
                    (D) 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 and individuals have 
        decided to undertake in furtherance of the purposes of this 
        Act;
            (4) specifies the existing and potential sources of funding 
        to protect, support, manage, and develop the Heritage Area;
            (5) includes an inventory of the natural, historical, 
        cultural, architectural, scenic, and recreational resources in 
        the Heritage Area that wish to be preserved, restored, 
        supported, managed, developed, or maintained, because of the 
        national historic significance of the resources;
            (6) includes an analysis of ways in which local, State, and 
        Federal programs may coordinate to promote the purposes of this 
        Act; including recommendations from 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 Heritage Area;
            (7) identifies appropriate partners and partnerships among 
        Federal, State, and local governments, regional entities, and 
        the private sector in furtherance of the purposes of the Act;
            (8) includes locations for visitor contact and major 
        interpretive facilities;
            (9) includes provisions for appropriate living history 
        demonstrations and battlefield reenactments;
            (10) includes provisions for implementing a continuing 
        program of interpretation for resident, student, and visitor 
        education concerning the resources and values of the Heritage 
        Area;
            (11) includes provisions 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;
            (12) includes provisions for the protection and 
        interpretation of the natural, cultural, and historic resources 
        of the Heritage Area consistent with this Act; and
            (13) 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 for Submission; Prerequisites.--
            (1) Deadline.--The management entity shall submit the 
        management plan to the Secretary not later than the end of the 
        three-year period beginning on the date on which funds are 
        first made available for this Act.
            (2) Prerequisites.--Before submitting the management 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 management plan, receives 
                a copy of the management plan;
                    (B) adequate notice of availability of the 
                management plan is provided through publication in 
                appropriate local newspapers in the area of the 
                Heritage Area;
                    (C) at least one public hearing is conducted by the 
                management entity at a location within the Heritage 
                Area in each congressional district included in whole 
                or in part in the Heritage Area to review and receive 
                comments on the management plan; and
                    (D) a committee made up of elected officials of 
                local governments within the boundaries of the Heritage 
                Area, including mayors, town and county council chairs, 
                and members of borough commissions and boards of 
                supervisors, has had an opportunity to review, comment 
                on, and approve (by majority vote) the management plan.
    (d) Termination of Funding.--If a management plan is not submitted 
to the Secretary in accordance with subsection (c), the Secretary shall 
not, after the end of the period specified in such subsection, 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.
    (e) 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, 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, cultural, architectural, 
                scenic, and recreational 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 purposes of this Act;
            (4) consider the interests of diverse governmental, 
        business, nonprofit groups, and individuals within the Heritage 
        Area; and
            (5) for any year in which Federal funds have been provided 
        to implement the management plan--
                    (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.
    (f) 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. No State or 
local subdivision of a State shall use any Federal funds received 
pursuant to this Act to acquire any interest in real property by 
condemnation or otherwise.

SEC. 6. APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.

    (a) Time for Consideration; Criteria.--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 section 5 not later than 180 days after receiving the plan. In 
considering 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 trustees of the 
        management entity is representative of the local governments 
        affected and a wide range of interested organizations and 
        citizens.
    (b) 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 180 days after 
the date it is submitted.
    (c) Approving Changes.--The Secretary shall review and approve or 
disapprove any amendment to the management plan that would make a 
substantial change to the management plan, as determined by the 
Secretary. The review and approval or disapproval of an amendment shall 
be conducted in the manner provided under subsections (a) and (b). 
Funds appropriated under this Act may not be expended to implement the 
changes made by such an amendment unless and until the Secretary 
approves the amendment.
    (d) Effect of Inaction.--If the Secretary does not approve or 
disapprove the management plan or amendment thereto within 180 days 
after it is submitted to the Secretary, then the management plan or 
amendment shall be deemed to have been approved by the Secretary.
    (e) Availability of Annual Reports.--The management entity shall 
post each annual report prepared under section 5(e)(5)(B) on a website 
maintained by the management entity.

SEC. 7. PROVISION OF FINANCIAL AND TECHNICAL ASSISTANCE.

    (a) Overall Assistance.--Upon the request of the management entity 
and subject to the availability of appropriations, the Secretary may 
provide technical and financial assistance to the management entity to 
carry out its duties under this Act, including updating and 
implementing the management plan and, prior to approval of the 
management plan, providing assistance for initiatives.
    (b) Technical 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 the management plan and, prior to approval of the 
management plan, providing assistance for initiatives, the Secretary 
shall provide such assistance upon the request of the management 
entity. Technical assistance provided under this subsection shall be 
provided on a reimbursable basis, except that this subsection does not 
preclude the Secretary from providing nonreimbursable assistance under 
subsection (a).
    (c) Priority.--In assisting the management entity, the Secretary 
shall give priority to actions that assist in--
            (1) the implementation of the management plan;
            (2) the provision of educational assistance and advice 
        regarding management of the significant historic resources of 
        the region;
            (3) the development and application of techniques promoting 
        the preservation of cultural, recreational and historic 
        properties;
            (4) the preservation, restoration, and reuse of publicly 
        and privately owned historic buildings;
            (5) the 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
            (6) the implementation of initiatives prior to approval of 
        the management plan.
    (d) Matching Funds.--As a condition of providing financial 
assistance under this section to the management entity, the Secretary 
shall require the recipient to provide matching funds in an amount 
equal to the amount of the financial assistance provided by the 
Secretary. Recipient matching funds--
            (1) shall be derived from non-Federal sources; and
            (2) may be made in the form of in-kind contributions of 
        goods and services fairly valued.

SEC. 8. 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. 9. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

    The Secretary may not make any grant or provide any other financial 
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. 10. 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 unless and until the owner of that private 
property has been--
            (1) notified in writing by the management entity; and
            (2) given written consent to the management entity for such 
        preservation, conservation, or promotion.
    (b) Landowner Withdrawal.--Any owner of private property included 
within the boundaries of the Heritage Area shall have their property 
immediately removed from the boundaries by submitting a written request 
to the management entity.
    (c) Change of Ownership.--If private property included within the 
boundaries of the Heritage Area has been excluded from the Heritage 
Area or has not been preserved, conserved, or promoted under the 
management plan 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. 11. 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, including the authority of 
Federal, State, and local governments to make safety improvements or 
increase the capacity of existing roads or to construct new roads.
    (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. 12. 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. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to subsection (b), 
there are authorized to be appropriated to carry out this Act not more 
than $1,000,000 for any fiscal year. Funds so appropriated shall remain 
available until expended.
    (b) Limitation on Total Amounts Appropriated.--Not more than 
$10,000,000 may be appropriated to carry out this Act.
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