1.This Act may be cited as
the Fort Monroe National Historical
Park Establishment Act of 2011
.
2.In this Act:
(1)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)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)The term historic area means the Fort Monroe
National Historic Landmark located outside the boundary of the Park.
(4)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)The term management plan means the general
management plan for the Park developed under section (4)(i).
(6)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 resourcesThe 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)The
term Park means the Fort Monroe National Historical Park
established by section (3)(a).
(9)The
term project means any activity, restoration, rehabilitation,
interpretive exhibit or device, or physical improvement for which Federal funds
have been expended.
(10)The
term Secretary means the Secretary of the Interior.
3.Fort Monroe
National Historical Park
(a)There
is established in the Commonwealth a unit of the National Park System, to be
known as the Fort Monroe National Historical Park
.
(b)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)The
Park shall be comprised of the Fort, the historic resources, and the natural
and recreational resources, as generally depicted on the map.
(d)The map shall be on file and available for public inspection
in the appropriate offices of the National Park Service.
4.
(a)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 authorityExcept 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 authorityNothing 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 structuresIn 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 appointmentsThe 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)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)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)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 facilitiesIf 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)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 agreementsAny 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)
(A)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)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 shareWith 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)
(1)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)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 landLand 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 accessThe 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)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)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)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 agreementThe 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 authorityNothing 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)
(1)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 agreementsIn 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)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)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 managementThe Secretary may cooperate with the
Commonwealth to ensure that the Park is preserved, maintained, and operated in
a uniform and consistent manner.
5.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.