Definitions and purpose

(a)

Definitions

In this Act: (1)

Commonwealth

The term Commonwealth means the Commonwealth of Virginia and any management entity or political subdivision created by the Commonwealth of Virginia for the planning, management and reuse of lands, buildings or structures reverting to or conveyed to the Commonwealth as a result of the implementation of the recommendations of the Defense Base Closure and Realignment Commission contained in the report of the Commission transmitted by the President to Congress in accordance with section 2914(e) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) on September 15, 2005. (2)

Fort

The term fort means the third system fortification historically referred to as Fortress Monroe including its moat, and the lands and improvements within the fort and adjacent to the outside perimeter of the moat. (3)

Historic area

The term historic area means the area of the Fort Monroe National Historic Landmark outside of the boundary of the park. (4)

Historic resources

The term historic resources means any lands, cultural landscapes, buildings or structures within the fort, and lying adjacent to the fort within the connecting road system formed by Fenwick Road, Ingalls Road, Murray Road, Patch Road, Griffith Street, and Bomford Lane. (5)

Management plan

The term management plan means the general management plan for the park to be developed under section 4(i). (6)

Map

The term map means the map entitled Fort Monroe National Historical Park Proposed Boundary, numbered 250/107,111, and dated June 24, 2011. (7)

Natural and recreational resources

The term natural and recreational resources means any lands and submerged lands lying within and associated with the North Beach area of Fort Monroe as depicted on the map. (8)

Park

The term park means the Fort Monroe National Historical Park established by section (3)(a). (9)

Project

The term project means any activity, restoration, rehabilitation, interpretive exhibits or devices, or physical improvements for which Federal funds have been expended. (10)

Secretary

The term Secretary means the Secretary of the Interior. (b)

Purpose

The purpose of the park is to preserve the historic and natural resources of Fort Monroe, provide land and water-based recreational opportunities, and interpret for the benefit of present and future generations— (1)Old Point Comfort, its relationship to the voyages of Captain John Smith, its location as the first entry place of captive Africans into English North America, its use for successive fortifications, and its role in the War of 1812; (2)the development and use of Fort Monroe as a coastal defense facility and artillery training center, including its military and community life; (3)the fort’s role in the Civil War, including as a haven for those escaping enslavement during that war, and the formation and service of United States Colored Troop units stationed at Fort Monroe; (4)persons and events associated with the fort, which contributed to its and the Nation’s history, and their relevance to modern society; and (5)the natural and recreational resource values associated with Fort Monroe.

Administration

(a)

In general

The Secretary shall administer the park in accordance with— (1)this Act; and (2)the laws generally applicable to units of the National Park System, including— (A)the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (B)the Act of August 21, 1935 (49 Stat. 666, 16 U.S.C. 461 et seq.). (b)

Federal, commonwealth, and local jurisdiction

(1)

Federal authority

Except as otherwise provided in this Act, nothing shall enlarge, diminish or modify any authority of the United States to carry out Federal laws and regulations on Federal land located within the boundary of the park. (2)

Commonwealth authority

Nothing in this Act enlarges, diminishes, or modifies any authority of the Commonwealth, or any political subdivision of the Commonwealth— (A)to exercise civil and criminal jurisdiction unless an agreement for concurrent jurisdiction is executed and modifies Commonwealth or local government jurisdiction in any way; or (B)to carry out Commonwealth laws, regulations and rules on non-Federal land located within the boundary of the park. (c)

No net loss of commonwealth owned buildings and structures

In the event of loss or authorized demolition of buildings or structures within the Fort Monroe National Historic Landmark District, replacement of the square footage from such loss or demolition shall be permitted provided that such construction complies with the Secretary’s Standards for the Treatment of Historic Properties, and Section 106 of the National Historic Preservation Act as applicable. (d)

Authorization of ex-Officio appointments

The Superintendent of the park is authorized to serve as an ex-officio member of such boards or committees affecting Fort Monroe that the Secretary deems beneficial to the preservation of park resources and which further the interpretive or educational purposes of the park. (e)

Cooperative agreements and visitor services

(1)

In general

Subject to the provisions of this section and as the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the Commonwealth or any other party under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the boundary of the park and within the historic area. This includes, but is not limited to, the placement of directional and interpretive signage, wayside exhibits, and technology-based interpretive devices. (2)

Limitations

The Secretary shall not enter into any cooperative agreement pursuant to this section until the Secretary— (A)determines that sufficient historic, natural and recreational resources have been acquired to constitute a manageable unit and that easements have been acquired on the remaining historic and natural resources within the boundary of the park sufficient to ensure the integrity of the historic, natural and recreational resources of the park; and (B)has entered into a written agreement with the Commonwealth providing— (i)for an effective process for ensuring that the future uses of historic, natural and recreational resources within and adjacent to the boundary of the park will be compatible with its designation as a unit of the National Park System; and (ii)arrangements, cooperatively determined between the Secretary and the Commonwealth, along with contributions to be made by any other party for the sharing of the costs of maintenance and utilities necessary for the operation and maintenance of the park. (3)

Priority resources

For purposes of subsection (e)(2)(A), acquisition of interests in the following properties shall be given priority consideration: (A)The Old Headquarters Building (Building #1). (B)The Bachelors Officers Quarters (Building #50). (C)Lee’s Quarters (Building #17). (D)The Parade Ground. (E)Casemate #22. (F)The North Beach and associated submerged lands as depicted on the map. (G)A right of way appropriate to the cultural and natural resource park setting for public access between the fort and the North Beach area as depicted on the map, or in a location agreed upon by the Secretary and the Commonwealth. (4)

Adaptive reuse

Nothing in this Act is intended to inhibit the Commonwealth from providing for the adaptive reuse of the interior of any non-federally owned historic resource for such compatible uses determined pursuant to subsection (e)(2)(B) that are conducted in accordance with the Secretary’s Standards for the Treatment of Historic Properties. (5)

Joint visitor services facilities

Should the Secretary determine that the visitor experience to the park would be enhanced and cost efficiencies otherwise achieved, the Secretary is authorized to provide no greater than 50 percent of the costs of design and rehabilitation of non-federally owned structures or buildings in the park, or within the historic area, for park operations and visitor services including the design, construction and installation of exhibits, and to jointly operate and maintain such facilities with the Commonwealth. (6)

Fort monroe foundation

The Secretary is encouraged to explore the feasibility of a partnership agreement with the Fort Monroe Foundation that would benefit the preservation and interpretation of resources within the park. (7)

Terms and conditions of agreements

Any cooperative agreement entered into under paragraph (1) shall include terms and conditions that ensure that— (A)the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of— (i)conducting visitors through the properties; and (ii)interpreting the properties for the public; (B)no changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations; (C)any conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of— (i)the amounts made available to the project by the United States; or (ii)the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or, disposal. (8)

Matching funds

(A)

In general

With the exception of the placement of directional and interpretive signage, wayside exhibits, and technology-based interpretive devices, the Secretary shall require, as a condition of the receipt of funds under paragraph (1) that any Federal funds made available under a cooperative agreement or for joint visitor services facilities shall be matched on an equal basis by non-Federal funds. (B)

In-kind

With the approval of the Secretary, the non-Federal share required under paragraph (1) may be in the form of property, goods, or services from a non-Federal source, fairly valued. (f)

Acquisition of land

(1)

In general

The Secretary may acquire lands or interests in land within the boundary of the park by donation, purchase from a willing seller with donated or appropriated funds, or exchange. The Secretary shall give priority to acquisition of land or interests in land for the properties listed in subsection (e)(3). (2)

Donation of commonwealth-owned land

Lands or interests in land owned by the Commonwealth or any political subdivision of the Commonwealth may only be acquired by donation. (3)

Easements and rights of access

The Commonwealth may retain, or the Secretary may grant such easements or rights of access as may be necessary for the maintenance and operations of utilities, infrastructure, and transportation subject to the Secretary’s determination that there will be no impairment to park resources or impacts on visitor experiences in the park. (g)

Technical assistance and public interpretation

The Secretary may provide technical assistance and public interpretation of natural, historic and cultural resources within the historic area, as well as at any sites in close proximity to the park outside of the historic area that are related to events or persons associated with Fort Monroe including encampments or cemeteries of formerly enslaved persons freed at Fort Monroe during the Civil War. The Secretary may provide for the coordination of interpretation between the park and the Captain John Smith Chesapeake National Historic Trail for any resources within the boundary of the park that may relate to the trail. (h)

Old point comfort lighthouse

(1)

In general

The Secretary and the Secretary of Homeland Security shall, within 1 year of the date of enactment of this Act, enter into an interagency agreement for the long-term protection and public interpretation of the Old Point Comfort Lighthouse. (2)

Circumstances of agreement

The agreement shall specify the circumstances under which the Secretary may provide for interpretation and visitor enjoyment of the lighthouse and its grounds. (3)

No limitations on authority

Nothing in this subsection is intended to limit the Secretary of Homeland Security’s authorities for use of the lighthouse for navigational or national security purposes. (i)

Management plan

(1)

In general

Not later than 3 fiscal years after the date on which funds are made available, the Secretary, in consultation with the Commonwealth, shall complete a management plan for the park in accordance with— (A)section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a–7(b)); and (B)other applicable laws. (2)

Consideration of commonwealth laws, plans and agreements

In developing the management plan the Secretary shall consider— (A)the Fort Monroe Reuse Plan. (B)the Fort Monroe Programmatic Agreement dated April 27, 2009, as may be amended after the date of this Act; and (C)the Commonwealth of Virginia Fort Monroe Authority Act. (3)

Cost share

The management plan shall include provisions that identify any costs to be shared by the Federal Government and the Commonwealth, and other public or private entities or individuals for necessary capital improvements to and maintenance and operations of the park. (j)

Limitation of liability

The National Park Service and the Commonwealth shall not be responsible for liabilities outside of their respective property ownerships except as mutually agreed upon in writing. (k)

Uniform and consistent management

The Secretary and the Commonwealth are encouraged to cooperate to ensure that the park is preserved, maintained and operated in a uniform and consistent manner.