[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1303 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1303

  To authorize the Secretary of the Interior to establish Fort Monroe 
National Historical Park in the Commonwealth of Virginia, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2011

 Mr. Webb (for himself and Mr. Warner) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of the Interior to establish Fort Monroe 
National Historical Park in the Commonwealth of Virginia, 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.

    This Act may be cited as the ``Fort Monroe National Historical Park 
Establishment Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commonwealth.--The term ``Commonwealth'' means--
                    (A) the Commonwealth of Virginia; or
                    (B) any management entity or political subdivision 
                established by the Commonwealth for the planning, 
                management, and reuse of land, buildings, or structures 
                reverting to or conveyed to the Commonwealth as a 
                result of the Base Realignment land closures process of 
                2005 affecting the Fort.
            (2) Fort.--The term ``Fort'' means the third system 
        fortification historically referred to as ``Fortress Monroe'', 
        including--
                    (A) the moat; and
                    (B) the land and improvements within the Fort and 
                adjacent to the outside perimeter of the moat.
            (3) Historic area.--The term ``historic area'' means the 
        Fort Monroe National Historic Landmark located outside the 
        boundary of the Park.
            (4) Historic resources.--The term ``historic resources'' 
        means any land, cultural landscapes, buildings, or structures 
        that are--
                    (A) located within the Fort; or
                    (B) 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 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 land and submerged land 
        lying within, and associated with, the North Beach area of the 
        Fort, 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 exhibit or device, or 
        physical improvement for which Federal funds have been 
        expended.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK.

    (a) Establishment.--There is established in the Commonwealth a unit 
of the National Park System, to be known as the ``Fort Monroe National 
Historical Park''.
    (b) Purposes.--The purposes of the Park are--
            (1) to preserve the historic resources and natural and 
        recreational resources;
            (2) to provide land and water-based recreational 
        opportunities at the Park; and
            (3) to interpret for the benefit of present and future 
        generations--
                    (A) Old Point Comfort, including recognizing--
                            (i) the relationship of Old Point Comfort 
                        to the voyages of Captain John Smith;
                            (ii) the location of Old Point Comfort as 
                        the first entry place of captive Africans into 
                        English North America;
                            (iii) the use of Old Point Comfort for 
                        successive fortifications; and
                            (iv) the role of Old Point Comfort in the 
                        War of 1812;
                    (B) the development and use of the Fort as a 
                coastal defense facility and artillery training center, 
                including providing information on the military and 
                community life at Fort Monroe;
                    (C) the role of the Fort in the Civil War, 
                including--
                            (i) the use of the Fort as a haven for 
                        individuals escaping enslavement during the 
                        Civil War; and
                            (ii) the formation and service of U.S. 
                        Colored Troop units stationed at Fort Monroe;
                    (D) persons and events associated with the Fort 
                that contributed to the history of the Fort and the 
                United States, including the relevance of those persons 
                and events to modern society; and
                    (E) the natural and recreational resources 
                associated with the Fort.
    (c) Boundary.--The Park shall be comprised of the Fort, the 
historic resources, and the natural and recreational resources, as 
generally depicted on the map.
    (d) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.

SEC. 4. 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 (16 U.S.C. 461 et 
                seq.).
    (b) Federal, State, and Local Jurisdiction.--
            (1) Effect on federal authority.--Except as otherwise 
        provided in this Act, nothing in this Act enlarges, diminishes, 
        or modifies any authority of the United States to carry out 
        Federal laws (including regulations) on Federal land located 
        within the boundary of the Park.
            (2) Effect on state and local 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 
                within the Park, unless an agreement for concurrent 
                jurisdiction is executed that modifies the jurisdiction 
                of the Commonwealth or political subdivision of the 
                Commonwealth with respect to the Park; 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 case of the loss or authorized demolition of buildings or 
structures within the Fort Monroe National Historic Landmark, 
replacement of the square footage from the loss or demolition shall be 
permitted if the construction complies with--
            (1) the Secretary of the Interior's Standards for the 
        Treatment of Historic Properties under part 68 of title 36, 
        Code of Federal Regulations (or successor regulations); and
            (2) section 106 of the National Historic Preservation Act 
        (16 U.S.C. 470f).
    (d) Authorization of Ex-Officio Appointments.--The Superintendent 
of the Park may serve as an ex-officio member of any board or committee 
affecting the Fort that the Secretary determines would--
            (1) be beneficial to the preservation of Park resources; 
        and
            (2) 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 or in the historic area, 
        including providing for 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 under this subsection until the 
        Secretary--
                    (A) determines that--
                            (i) sufficient historic resources and 
                        natural and recreational resources have been 
                        acquired to constitute a manageable unit; and
                            (ii) easements have been acquired on the 
                        remaining historic resources and natural and 
                        recreational resources within the boundary of 
                        the Park sufficient to ensure the integrity of 
                        the historic resources and 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 resources and 
                        natural and recreational resources within and 
                        adjacent to the boundary of the Park will be 
                        compatible with the designation of the Park as 
                        a unit of the National Park System; and
                            (ii) as cooperatively determined between 
                        the Secretary and the Commonwealth, 
                        contributions to be made by any other party for 
                        sharing with the Commonwealth and the Secretary 
                        the costs of, maintenance and utilities 
                        necessary for the operation and maintenance of 
                        the Park.
            (3) Adaptive reuse.--Nothing in this Act inhibits the 
        Commonwealth from providing for the adaptive reuse of the 
        interior of any non-federally owned historic resource for such 
        compatible uses determined under subsection (e)(2)(B) that are 
        conducted in accordance with the Secretary of the Interior's 
        Standards for the Treatment of Historic Properties under part 
        68 of title 36, Code of Federal Regulations (or successor 
        regulations).
            (4) Joint visitor services facilities.--If the Secretary 
        determines that the visitor experience to the Park would be 
        enhanced and result in cost efficiencies, the Secretary may--
                    (A) provide not more than 50 percent of the costs 
                of designing and rehabilitating 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 for the Park; and
                    (B) jointly operate and maintain the facilities 
                with the Commonwealth.
            (5) Fort monroe foundation.--The Secretary may enter into a 
        partnership agreement with the Fort Monroe Foundation that 
        would benefit the preservation and interpretation of resources 
        within the Park.
            (6) 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; and
                    (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.
            (7) Cost-sharing requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), 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) Exceptions.--The cost-sharing requirement under 
                subparagraph (A) shall not apply to the costs incurred 
                for placing directional and interpretive signage, 
                wayside exhibits, and technology-based interpretive 
                devices as provided for in paragraph (1).
                    (C) Form of non-federal share.--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 land or 
        interests in land within the boundary of the Park by donation, 
        purchase from a willing seller with donated or appropriated 
        funds, or exchange.
            (2) Priority.--The Secretary shall give priority to the 
        acquisition of land or interests in land under this subsection 
        in the following properties:
                    (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 land 
                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.
            (3) Donation of commonwealth-owned land.--Land or interests 
        in land owned by the Commonwealth or any political subdivision 
        of the Commonwealth may only be acquired by donation.
            (4) 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 in the Park, 
        subject to a determination by the Secretary that there would be 
        no impairment to Park resources or impacts on visitor 
        experiences in the Park as a result of the easements or rights 
        of access.
    (g) Technical Assistance and Public Interpretation.--
            (1) In general.--The Secretary may provide technical 
        assistance and public interpretation of resources within the 
        historic area and at any sites in close proximity to the Park 
        outside of the historic area that are related to events or 
        persons associated with the Fort, including encampments or 
        cemeteries of formerly enslaved persons freed at the Fort 
        during the Civil War.
            (2) Coordination.--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 relating to the trail.
    (h) Old Point Comfort Lighthouse.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary of 
        Homeland Security shall 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 Old Point 
        Comfort Lighthouse and the grounds of the Old Point Comfort 
        Lighthouse.
            (3) No limitations on authority.--Nothing in this 
        subsection limits the authority of the Secretary of Homeland 
        Security to use the Old Point Comfort 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 first made available to carry out this 
        Act, the Secretary, in consultation with the Commonwealth, 
        shall complete a general 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) any 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 (and any amendments to the agreement); 
                and
                    (C) the State of Virginia Fort Monroe Authority 
                Act.
            (3) Cost-sharing provisions.--The management plan shall 
        include provisions that identify any costs to be shared by the 
        Federal Government and the Commonwealth or other public or 
        private entities or individuals for necessary capital 
        improvements to, and maintenance and operations of, the Park.
    (j) Limitation of Liability.--Except as mutually agreed upon in 
writing, the National Park Service and the Commonwealth shall not be 
responsible for liabilities outside of their respective property 
ownerships.
    (k) Uniform and Consistent Management.--The Secretary may cooperate 
with the Commonwealth to ensure that the Park is preserved, maintained, 
and operated in a uniform and consistent manner.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>