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






                                                       Calendar No. 367
110th CONGRESS
  1st Session
                                 S. 289

                          [Report No. 110-169]

  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, 
Mr. Rockefeller, and Mr. Specter) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

                           September 17, 2007

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Journey Through Hallowed Ground National Heritage 
        Area.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area.</DELETED>
        <DELETED>    (4) Partner.--The term ``partner'' means--
        </DELETED>
                <DELETED>    (A) a Federal, State, or local 
                governmental entity; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) The Secretary of the Interior is responsible 
        for protecting the historical and cultural resources of the 
        United States.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) The Journey Through Hallowed Ground 
        Partnership would be an appropriate management entity for the 
        Heritage Area.</DELETED>
<DELETED>    (b) Purposes.--The purposes of the Journey Through 
Hallowed Ground National Heritage Area are--</DELETED>
        <DELETED>    (1) to preserve, support, conserve, and interpret 
        the legacy of the American history created along the Heritage 
        Area;</DELETED>
        <DELETED>    (2) to promote heritage, cultural and recreational 
        tourism and to develop educational and cultural programs for 
        visitors and the general public;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE 
              AREA.</DELETED>

<DELETED>    (a) Establishment.--There is hereby established the 
Journey Through Hallowed Ground National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Map.--The map referred to in paragraph (1) 
        shall be on file in the appropriate offices of the National 
        Park Service.</DELETED>
<DELETED>    (c) Management Entity.--The management entity for the 
Heritage Area shall be The Journey Through Hallowed Ground Partnership, 
a Virginia nonprofit corporation.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) are partners of the management entity; 
        and</DELETED>
        <DELETED>    (2) will oversee the development and 
        implementation of the management plan.</DELETED>

<DELETED>SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.</DELETED>

<DELETED>    (a) Authorities of the Management Entity.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Making grants to, and entering into 
                cooperative agreements with, States and their political 
                subdivisions, private organizations, non-profit 
                organizations or any other person.</DELETED>
                <DELETED>    (B) Hiring and compensating 
                staff.</DELETED>
                <DELETED>    (C) Entering into contracts for goods, 
                services, and leases for office space.</DELETED>
                <DELETED>    (D) Undertaking any other initiatives that 
                advance the purposes of the Heritage Area.</DELETED>
<DELETED>    (b) Management Plan.--The management entity shall develop 
a management plan for the Heritage Area that--</DELETED>
        <DELETED>    (1) presents comprehensive strategies and 
        recommendations for conservation, funding, management, and 
        development of the Heritage Area;</DELETED>
        <DELETED>    (2) takes into consideration existing State, 
        county, and local plans and involves residents, public 
        agencies, and private organizations working in the Heritage 
        Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) specifies the existing and potential sources 
        of funding to protect, support, manage, and develop the 
        Heritage Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (8) includes locations for visitor contact and 
        major interpretive facilities;</DELETED>
        <DELETED>    (9) includes provisions for appropriate living 
        history demonstrations and battlefield reenactments;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (12) includes provisions for the protection and 
        interpretation of the natural, cultural, and historic resources 
        of the Heritage Area consistent with this Act; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Deadline for Submission; Prerequisites.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Prerequisites.--Before submitting the 
        management plan to the Secretary, the management entity shall 
        ensure that--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) adequate notice of availability of the 
                management plan is provided through publication in 
                appropriate local newspapers in the area of the 
                Heritage Area;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Duties of Management Entity.--The management entity 
shall--</DELETED>
        <DELETED>    (1) give priority to implementing actions set 
        forth in the management plan;</DELETED>
        <DELETED>    (2) assist units of government, regional planning 
        organizations, and nonprofit organizations in--</DELETED>
                <DELETED>    (A) establishing and maintaining 
                interpretive materials and exhibits in the Heritage 
                Area;</DELETED>
                <DELETED>    (B) developing historical and cultural 
                resources and educational programs in the Heritage 
                Area;</DELETED>
                <DELETED>    (C) increasing public awareness of and 
                appreciation for the natural, historical, cultural, 
                architectural, scenic, and recreational resources and 
                sites in the Heritage Area;</DELETED>
                <DELETED>    (D) the restoration of any historic 
                building relating to the themes of the Heritage 
                Area;</DELETED>
                <DELETED>    (E) ensuring that clear signs identifying 
                access points and sites of interest are put in place 
                throughout the Heritage Area; and</DELETED>
                <DELETED>    (F) carrying out other actions that the 
                management entity determines to be advisable to fulfill 
                the purposes of this Act;</DELETED>
        <DELETED>    (3) encourage by appropriate means economic 
        viability in the Heritage Area consistent with the purposes of 
        this Act;</DELETED>
        <DELETED>    (4) consider the interests of diverse 
        governmental, business, nonprofit groups, and individuals 
        within the Heritage Area; and</DELETED>
        <DELETED>    (5) for any year in which Federal funds have been 
        provided to implement the management plan--</DELETED>
                <DELETED>    (A) conduct public meetings at least 
                annually regarding the implementation of the management 
                plan;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The level of public participation in the 
        development of the management plan.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. PROVISION OF FINANCIAL AND TECHNICAL 
              ASSISTANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Priority.--In assisting the management entity, the 
Secretary shall give priority to actions that assist in--</DELETED>
        <DELETED>    (1) the implementation of the management 
        plan;</DELETED>
        <DELETED>    (2) the provision of educational assistance and 
        advice regarding management of the significant historic 
        resources of the region;</DELETED>
        <DELETED>    (3) the development and application of techniques 
        promoting the preservation of cultural, recreational and 
        historic properties;</DELETED>
        <DELETED>    (4) the preservation, restoration, and reuse of 
        publicly and privately owned historic buildings;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) the implementation of initiatives prior to 
        approval of the management plan.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) shall be derived from non-Federal sources; 
        and</DELETED>
        <DELETED>    (2) may be made in the form of in-kind 
        contributions of goods and services fairly valued.</DELETED>

<DELETED>SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.</DELETED>

<DELETED>    Any Federal entity conducting or supporting activities 
directly affecting the Heritage Area shall--</DELETED>
        <DELETED>    (1) consult with the Secretary and the management 
        entity with respect to such activities;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. SUNSET FOR GRANTS AND OTHER ASSISTANCE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 10. REQUIREMENTS FOR INCLUSION OF PRIVATE 
              PROPERTY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) notified in writing by the management entity; 
        and</DELETED>
        <DELETED>    (2) given written consent to the management entity 
        for such preservation, conservation, or promotion.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 11. PRIVATE PROPERTY PROTECTION.</DELETED>

<DELETED>    (a) Access to Private Property.--Nothing in this Act shall 
be construed to--</DELETED>
        <DELETED>    (1) require any private property owner to allow 
        public access (including Federal, State, or local government 
        access) to such private property; or</DELETED>
        <DELETED>    (2) modify any provision of Federal, State, or 
        local law with regard to public access to or use of private 
        property.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 12. USE OF FEDERAL FUNDS FROM OTHER SOURCES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 13. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Limitation on Total Amounts Appropriated.--Not more 
than $10,000,000 may be appropriated to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Journey Through Hallowed Ground 
National Heritage Area Act''.

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 3(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. 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, as generally depicted on the map entitled 
        ``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. 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 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 that are recommended 
                in the management plan.
    (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. 5. 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 4 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) Availability of Annual Reports.--The management entity shall 
post each annual report prepared under section 4(e)(5)(B) on a website 
maintained by the management entity.

SEC. 6. 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.--
            (1) In general.--The Secretary, on request of the 
        management entity, may provide technical assistance to the 
        management entity to carry out the duties of the management 
        entity under this Act, including updating and implementing the 
        management plan and, prior to approval of the management plan, 
        providing assistance for initiatives.
            (2) Limitation.--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. 7. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly and 
significantly affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to the activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out the duties of the Secretary and the management 
        entity under this Act and, to the maximum extent practicable, 
        coordinate the activities with the carrying out of the duties; 
        and
            (3) to the maximum extent practicable, conduct or support 
        the activities in a manner that shall not have an adverse 
        effect on the Heritage Area.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State or local agency, or conveys any land use or other 
        regulatory authority to the management entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 9. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the management entity with 
        respect to--
                    (A) accomplishing the purposes of the authorizing 
                legislation for the Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 10. 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. 11. 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 of enactment of this Act.

SEC. 12. 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.
                                                       Calendar No. 367

110th CONGRESS

  1st Session

                                 S. 289

                          [Report No. 110-169]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            January 17, 2007

                       Reported with an amendment