[Congressional Record Volume 140, Number 70 (Wednesday, June 8, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    SHENANDOAH VALLEY NATIONAL BATTLEFIELDS PARTNERSHIP ACT OF 1994

  The Senate proceeded to consider the bill (S. 1033) to establish the 
Shenandoah Valley National Battlefields and Commission in the 
Commonwealth of Virginia, and for other purposes, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Shenandoah Valley National 
     Battlefields Partnership Act of 1994''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) there are situated in the Shenandoah Valley in the 
     Commonwealth of Virginia the sites of several key Civil War 
     battles;
       (2) certain sites, battlefields, structures, and districts 
     in the Shenandoah Valley are collectively of national 
     significance in the history of the Civil War;
       (3) in 1990 Congress enacted legislation directing the 
     Secretary of the Interior to prepare a comprehensive study of 
     significant sites and structures associated with Civil War 
     battles in the Shenandoah Valley;
       (4) the study, which was completed in 1992, found that many 
     of the sites within the Shenandoah Valley possess national 
     significance and retain a high degree of historical 
     integrity;
       (5) the preservation and interpretation of these sites will 
     make a vital contribution to the understanding of the 
     heritage of the United States;
       (6) the preservation of Civil War sites within a regional 
     framework requires cooperation among local property owners 
     and Federal, State, and local government entities; and
       (7) partnerships between Federal, State, and local 
     governments and their regional entities, and the private 
     sector offer the most effective opportunities for the 
     enhancement and management of the Civil War battlefields and 
     related sites in the Shenandoah Valley.

     SEC. 3. PURPOSES.

       The purposes of this Act are to--
       (1) preserve, conserve, and interpret the legacy of the 
     Civil War in the Shenandoah Valley;
       (2) recognize and interpret important events and geographic 
     locations representing key Civil War battles in the 
     Shenandoah Valley, including those battlefields associated 
     with the Thomas J. (Stonewall) Jackson campaign of 1862 and 
     the decisive campaigns of 1864;
       (3) recognize and interpret the effect of the Civil War on 
     the civilian population of the Shenandoah Valley during the 
     war and postwar reconstruction period; and
       (4) create partnerships among Federal, State, and local 
     governments and their regional entities, and the private 
     sector to preserve, conserve, enhance and interpret the 
     nationally significant battlefields and related sites 
     associated with the Civil War in the Shenandoah Valley.

     SEC. 4. DEFINITIONS.

       As used in this Act, the term--
       (1) ``battlefields'' means the Shenandoah Valley National 
     Battlefields established under section 5;
       (2) ``Commission'' means the Shenandoah Valley National 
     Battlefields Commission established in section 9;
       (3) ``historic core'' means the area surrounding each unit 
     of the battlefields as depicted on the map referenced in 
     section 5(a) that encompasses important components of a 
     conflict and that provides a strategic context and geographic 
     setting for understanding the conflict;
       (4) ``plan'' means the Shenandoah Valley National 
     Battlefields plan approved by the Secretary pursuant to 
     section 6;
       (5) ``Secretary'' means the Secretary of the Interior; and
       (6) ``Shenandoah Valley'' means the Shenandoah Valley in 
     the Commonwealth of Virginia.

     SEC. 5. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

       (a) Establishment.--(1) To carry out the purposes of this 
     Act, there is hereby established the Shenandoah Valley 
     National Battlefields in the Commonwealth of Virginia. The 
     battlefields shall consist of approximately 1,863 acres of 
     lands and interests therein as generally depicted on the map 
     entitled ``Shenandoah Valley National Battlefields'', 
     numbered SHVA / 80,000 and dated April 1994, comprising units 
     at Cedar Creek, Cross Keys, Fisher's Hill, McDowell, New 
     Market, Opequan, Port Republic, Second Kernstown, Second 
     Winchester, and Tom's Brook.
       (2) The map referred to in paragraph (1) shall be on file 
     and available for public inspection in the offices of the 
     Commission and in the appropriate offices of the National 
     Park Service.
       (3) The Secretary may, with the advice of the Commission 
     and following an opportunity for public comment, make minor 
     revisions to the boundaries of the battlefields.
       (b) Administration.--The Secretary shall administer the 
     battlefields in accordance with this Act and with provisions 
     of law generally applicable to the National Park System, 
     including the Act approved August 25, 1916 (39 Stat. 535; 16 
     U.S.C. 1, 2-4) and the Act approved August 21, 1935 (49 Stat. 
     666). The Secretary shall protect, manage, and administer the 
     battlefields for the purposes of preserving and interpreting 
     their natural, cultural and historic resources and of 
     providing for public understanding and appreciation of the 
     battlefields in such a manner as to perpetuate these 
     qualities and values for future generations.
       (c) Land Acquisition.--(1) Except as otherwise provided in 
     this subsection, the Secretary is authorized to acquire lands 
     and interests therein within the boundaries of the 
     battlefields by donation, purchase with donated or 
     appropriated funds, or exchange: Provided, That no lands or 
     interests therein may be acquired except with the consent of 
     the owner thereof.
       (2) Lands or interests therein within the battlefields that 
     are owned by the Commonwealth of Virginia or a political 
     subdivision thereof, may be acquired only by donation or 
     exchange.
       (3) The Secretary may not accept donations of lands or 
     interests therein acquired through condemnation.

     SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS PLAN.

       (a) In General.--The battlefields shall be managed by the 
     Secretary pursuant to this Act and the Shenandoah Valley 
     National Battlefields plan developed by the Commission and 
     approved by the Secretary, as provided in this section.
       (b) Specific Provisions.--The plan shall include--
       (1) recommendations of potential boundary modifications to 
     the battlefields, including modifications to the boundaries 
     of the historic core of each unit, and the potential addition 
     of new units;
       (2) provisions for the management, protection, and 
     interpretation of the natural, cultural, and historical 
     resources of the battlefields, consistent with the purposes 
     of this Act;
       (3) recommendations to the Commonwealth of Virginia (and 
     political subdivisions thereof) for the management, 
     protection, and interpretation of the natural, cultural, and 
     historical resources of the historic core areas;
       (4) the information described in section 12(b) of Public 
     Law 91-383 (16 U.S.C. 1a-7(b)) (pertaining to the preparation 
     of general management plans);
       (5) identification of appropriate partnerships between the 
     Secretary and other Federal, State, and local governments and 
     regional entities, and the private sector, in furtherance of 
     the purposes of this Act;
       (6) proposed locations for visitor contact and major 
     interpretive facilities, including proposals for one 
     interpretive facility in the upper Shenandoah Valley and one 
     in the lower Shenandoah Valley;
       (7) provisions for implementing a continuing program of 
     interpretation and visitor education concerning the resources 
     and values of the battlefields and historic core areas; and
       (8) provisions for a uniform valley-wide historical maker 
     and wayside exhibit program, including a provision for 
     marking, with the consent of the owner, historic structures 
     and properties contained within the historic core areas, as 
     identified on the map referred to in section 5(a), that 
     contribute to the understanding of the battlefields.
       (c) Preparation of Draft Plan.--(1) Not later than 2 years 
     after the date on which the Commission conducts its first 
     meeting, the Commission shall submit to the Secretary a draft 
     plan that meets the requirements of subsection (b).
       (2) Prior to submitting the draft plan to the Secretary, 
     the Commission shall ensure that--
       (A) the Commonwealth of Virginia, and any political 
     subdivision thereof that would be affected by the plan, 
     receives a copy of the draft plan;
       (B) adequate notice of the availability of the draft plan 
     is provided through publication in appropriate local 
     newspapers in the area of the battlefields; and
       (C) at least one public hearing in the vicinity of the 
     battlefields in the upper Shenandoah Valley and one public 
     hearing in the vicinity of the battlefields in the lower 
     Shenandoah Valley is conducted by the Commission with respect 
     to the draft plan.
       (d) Review of Plan by the Secretary.--The Secretary shall 
     review the draft plan, and, not later than 90 days after the 
     date on which the draft plan is submitted, shall either--
       (1) approve the plan; or
       (2) reject the plan and recommend modifications to the 
     Commission that would make the plan acceptable.

     SEC. 7. COOPERATIVE AGREEMENTS.

       (a) In General.--In furtherance of the purposes of this 
     Act, the Secretary may establish partnerships and enter into 
     cooperative agreements concerning lands and interests therein 
     within the battlefields and historic core areas with other 
     Federal, State, or local agencies, and private persons and 
     organizations.
       (b) Historic Monuments.--The Secretary may enter into 
     agreements with the owners of property in the battlefields 
     and historic core areas on which historic monuments and 
     tablets commemorating the battles have been erected prior to 
     the date of enactment of this Act. The Secretary may make 
     funds available for the maintenance, protection, and 
     interpretation of the monuments and tablets pursuant to such 
     agreements.

     SEC. 8. GRANT PROGRAM.

       (a) In General.--(1) Within the battlefields and historic 
     core areas, the Secretary may award grants and provide 
     technical assistance to property owners to provided for the 
     preservation and interpretation of the natural, cultural, and 
     historical resources within the battlefields and historic 
     core areas.
       (2)(A) The Secretary, after consultation with the 
     Commission, may award grants and provide technical assistance 
     to governmental entities to assist with the planning, 
     development, and implementation of comprehensive plans, land 
     use guidelines, regulations, ordinances or other appropriate 
     documents that are consistent with and designed to protect 
     the historic character of the battlefields and historic core 
     areas.
       (B) The Commission shall conduct a regular review of 
     approved plans, guidelines, regulations, ordinances, or 
     documents. If the Commission finds that any such plan, 
     guideline, regulation, ordinance, or document or the 
     implementation thereof is no longer consistent with the 
     protection of the historic character of the battlefields and 
     historic core areas, after consultation with the affected 
     governmental entity, the Commission may recommend that the 
     Secretary withdraw approval and suspend any grant authority 
     pursuant to this section.
       (C) The Secretary, after consultation with the Commission, 
     shall suspend any grant awarded under this paragraph if the 
     Secretary has determined that such plans, guidelines, 
     regulations, ordinances, or documents are modified in a 
     manner that is inconsistent with the protection of the 
     historic character of the battlefields and historic core 
     areas.
       (b) Cost Share.--The Federal share of any grant made under 
     this section shall be matched by non-Federal funds on a one-
     to-one basis.
       (c) Additional Conditions.--The Secretary may require such 
     additional terms and conditions before awarding any grant as 
     the Secretary determines to be necessary.

     SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION.

       (a) Establishment.--There is hereby established the 
     Shenandoah Valley National Battlefields Commission.
       (b) Membership.--The commission shall be composed of 19 
     members, to be appointed by the Secretary as follows:
       (1) 5 members representing local governments of communities 
     in the vicinity of the battlefields, after considering 
     recommendations made by appropriate local governing bodies.
       (2) 10 members representing property owners within the 
     battlefields or historic core areas (1 member within each 
     unit).
       (3) 1 member with demonstrated expertise in historic 
     preservation.
       (4) 1 member who is a recognized historian with expertise 
     in Civil War history.
       (5) The Governor of Virginia, or a designee of the 
     Governor, ex officio.
       (6) The Director of the National Park Service, or a 
     designee of the Director, ex officio.
       (c) Appointments.--Members of the Commission shall be 
     appointed for staggered terms of 3 years, as designated by 
     the Secretary at the time of the initial appointment. Any 
     member of the Commission appointed for a definite term may 
     serve after the expiration of the term until the successor of 
     the member is appointed.
       (d) Election of Officers.--The Commission shall elect one 
     of its members as Chairperson and one as Vice Chairperson. 
     Terms of the Chairperson and Vice Chairperson shall be 2 
     years. The Vice Chairperson shall serve as Chairperson in the 
     absence of the Chairperson.
       (e) Vacancy.--Any vacancy on the Commission shall be filled 
     in the same manner in which the original appointment was 
     made, except that the Secretary shall fill any vacancy within 
     30 days after the vacancy occurs.
       (f) Quorum.--A majority of the Commission shall constitute 
     a quorum.
       (g) Meetings.--The Commission shall meet not less than 
     quarterly, or at the call of the Chairperson or a majority of 
     the members of the Commission. Notice of meetings and agendas 
     shall be published in local newspapers that have a 
     distribution throughout the Shenandoah Valley. Commission 
     meetings shall be held at various locations throughout the 
     Shenandoah Valley and in a manner that ensures adequate 
     public participation.
       (h) Staff of the Commission.--The Commission shall have the 
     power to appoint and fix the compensation of such staff as 
     may be necessary to carry out its duties.
       (i) Administrative Support Services.--The Administrator of 
     the General Services Administration shall provide to the 
     Commission, on a reimbursable basis, such administrative 
     support services as the Commission may request.
       (j) Federal Agencies.--Upon request of the Commission, the 
     head of any Federal agency may detail to the Commission, on a 
     reimbursable basis, personnel of the agency to assist the 
     Commission in carrying out its duties.
       (k) Subpoenas.--The Commission may not issue subpoenas or 
     exercise any subpoena authority.
       (l) Expenses.--Members of the Commission shall serve 
     without compensation, but the Secretary may reimburse members 
     for expenses reasonably incurred in carrying out the 
     responsibilities of the Commission under this Act.
       (m) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (n) Gifts.--The Commission may, for purposes of carrying 
     out the duties of the Commission, seek, accept, and dispose 
     of gifts, bequests, or donations of money, personal property, 
     or services, received from any source.

     SEC. 10. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) develop the plan referred to in section 6, in 
     consultation with the Secretary;
       (2) advise the Secretary on the administration of the 
     battlefields;
       (3) assist the Commonwealth of Virginia, or any political 
     subdivision thereof, or any nonprofit organization, in the 
     management, protection, and interpretation of the natural, 
     cultural and historical resources within the historic core 
     areas: Provided, however, That the Commission shall in no way 
     infringe upon the authorities and policies of the 
     Commonwealth of Virginia or any political subdivision 
     thereof; and
       (4) take appropriate action to encourage protection of the 
     natural, cultural, and historic resources within the 
     battlefields and historic core areas by landowners, local 
     governments, organizations, and businesses.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     such sums as are necessary to carry out this Act, except that 
     no more than $250,000 may be appropriated for the 
     establishment and operation of the Commission.
       (b) Availability of Funds.--Funds made available under 
     subsection (a) shall remain available until expended.

  The committee amendment was agreed to.
  So the bill (S. 1033) as amended, was deemed read a third time and 
passed.

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