[Congressional Record Volume 141, Number 145 (Monday, September 18, 1995)]
[House]
[Pages H9075-H9083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SHENANDOAH VALLEY NATIONAL BATTLE FIELD PARTNERSHIP ACT OF 1995

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1091) to improve the National Park System in the 
Commonwealth of Virginia, as amended.
  The Clerk read as follows:

                               H.R. 1091

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
              TITLE I--RICHMOND NATIONAL BATTLEFIELD PARK

     SEC. 101. MODIFICATION OF BOUNDARY.

       The first section of the Act of March 2, 1936 (Chapter 113; 
     49 Stat. 1155), is amended to read as follows:
       ``Section 1. (a) In order to preserve the site of the 1862 
     Peninsula Campaign and the 1864-65 battle of Richmond, in the 
     vicinity of Richmond, Virginia, as a national battlefield 
     park for the benefit and inspiration of the people of the 
     United States, there is hereby established, subject to 
     existing rights, the Richmond National Battlefield Park 
     (hereinafter in this Act referred to as the `Park').
       ``(b) The Park shall consist of--
       ``(1) lands, waters, and interests therein within the area 
     generally depicted on the map entitled `Richmond National 
     Battlefield Park, Land Status Map', numbered 367/92,000, and 
     dated September 1993; and
       ``(2) upon donation of title acceptable to the Secretary of 
     the Interior (and acceptance by the Secretary), the following 
     tracts: a tract of 750 acres at Malvern Hill, a tract of 15 
     acres at Beaver Dam Creek, a tract of 100 acres at Cold 
     Harbor, and a tract of 42 acres at Bethesda Church.
       ``(c) As soon as practicable, the Secretary of the Interior 
     shall complete a boundary map (including tracts referred to 
     in subsection (b)(2)) for the Park. The map required by this 
     subsection and the map referred to in subsection (b)(1) shall 
     be on file and available for public inspection in the office 
     of the National Park Service, Department of the Interior.
       ``(d) The Congress recognizes the national significance of 
     the Battle of New Market Heights and declares it to be in the 
     public interest to ensure the preservation of the New Market 
     Heights Battlefield so that an important aspect of American 
     history can be interpreted to the public. The Congress 
     directs the Secretary to work cooperatively with the 
     Commonwealth of Virginia, the county of Henrico, Virginia, 
     and property owners within or impacted by the battlefield 
     area to develop alternatives to ensure implementation of 
     these goals. The Secretary shall submit a report outlining 
     such alternatives to the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate no later than June 1, 1996.''.

     SEC. 102. REPEAL OF PROVISION REGARDING PROPERTY ACQUISITION.

       The Act of March 2, 1936 (Chapter 113; 49 Stat. 1155), is 
     amended by striking section 2.

     SEC. 103. ADMINISTRATION.

       Section 3 of the Act of March 2, 1936 (Chapter 113; 49 
     Stat. 1156), is redesignated as section 2 and is amended by 
     striking the period and inserting ``, and the Act of August 
     21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).''.
                   TITLE II--SHENANDOAH NATIONAL PARK

     SEC. 201. MODIFICATION OF BOUNDARY.

       (a) In General.--The boundary of Shenandoah National Park 
     is hereby modified to include only those lands and interests 
     therein that, on the day before the date of the enactment of 
     this Act, were in Federal ownership and were administered by 
     the Secretary of the Interior (hereinafter in this title 
     referred to as the ``Secretary'') as part of the park. So 
     much of the Act of May 22, 1926 (Chapter 363; 44 Stat. 616) 
     as is inconsistent herewith is hereby repealed.
       (b) Minor Boundary Adjustments and Land Acquisition.--
       (1) Minor boundary adjustments.--The Secretary is 
     authorized to make minor adjustments to the boundary of 
     Shenandoah National Park, as modified by this title, to make 
     essential improvements to facilitate access to trailheads to 
     the park that exist on the day before the date of the 
     enactment of this title, in cases in which there are no 
     practicable alternatives to such adjustments.
       (2) Limitations on land acquisition.--
       (A) In general.--Except as otherwise provided in this 
     subsection, the Secretary may acquire lands and interests 
     therein under this subsection only by donation.
       (B) Additional restrictions.--When acting under this 
     subsection--
       (i) the Secretary may add to the Shenandoah National Park 
     only lands and interests therein that are contiguous with 
     Federal lands administered by the Secretary as part of the 
     park;
       (ii) prior to accepting title to any lands or interests 
     therein, the Secretary shall hold a public meeting in the 
     county in which such lands and interests are located;
       (iii) the Secretary shall not alter the primary means of 
     access of any private landowner to the lands owned by such 
     landowner; and
       (iv) the Secretary shall not cause any property owned by a 
     private individual, or any group of adjacent properties owned 
     by private individuals, to be surrounded on all sides by land 
     administered by the Secretary as part of the park.
       (c) Mitigation of Impacts at Access Points.--The Secretary 
     shall take all reasonable actions to mitigate the impacts 
     associated with visitor use at trailheads around the 
     perimeter of Shenandoah National Park. The Secretary shall 
     enlist the cooperation of the State and local jurisdictions, 
     as appropriate, in carrying out this subsection.

     SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD CORRIDORS.

       (a) Statement of Purpose.--It is the purpose of this 
     section to permit the Commonwealth of Virginia to maintain 
     and provide for safe public use of certain roads that the 
     Commonwealth donated to the Federal Government at the time of 
     the establishment of Shenandoah National Park.
       (b) Requirement of Transfer.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of the 
     Interior shall transfer to the Commonwealth of Virginia, 
     without consideration or reimbursement, all right, title, and 
     interest of the United States in and to all county road 
     corridors that were located within the Shenandoah National 
     Park on the day before the date of the enactment of this Act 
     and are removed from such Park by the boundary modification 
     made by section 201.
       (c) Reversion.--Each transfer pursuant to this section 
     shall be made subject to the condition that if, at any time, 
     any county road corridor so transferred is no longer used as 
     a public roadway, all right, title, and interest in the 
     county road corridor shall revert to the United States.
       (d) Definitions.--For purposes of this section:
       (1) County road corridor.--The term ``county road 
     corridor'' means a corridor that is comprised of any 
     Shenandoah county road together with an amount of land, which 
     is contiguous with the road and which is selected by the 
     Secretary of the Interior in consultation with the Governor 
     of the Commonwealth of Virginia, such that the total width of 
     the corridor is 50 feet.
       (2) Shenandoah county road.--The term ``Shenandoah county 
     road'' means any portion of a road that is open to public 
     vehicle usage and that, on the date of the enactment of this 
     Act, constitutes part of--
       (A) Madison County Route 600;
       (B) Rockingham County Route 624;
       (C) Rockingham County Route 625;
       (D) Rockingham County Route 626;
       (E) Warren County Route 604;
       (F) Page County Route 759;
       (G) Page County Route 611;
       (H) Page County Route 682;
       (I) Page County Route 662;
       (J) Augusta County Route 611;
       (K) Augusta County Route 619;
       (L) Albemarle County Route 614;
       (M) Augusta County Route 661;
       (N) Rockingham County Route 663;
       (O) Rockingham County Route 659;
       (P) Page County Route 669;
       (Q) Rockingham County Route 661;
       (R) Criser Road (to Town of Front Royal); or
       (S) the government-owned parcel connecting Criser Road to 
     the Warren County School Board parcel.
              TITLE III--COLONIAL NATIONAL HISTORICAL PARK

     SEC. 301. MODIFICATION OF BOUNDARY.

       Notwithstanding the provisions of the Act of June 28, 1938 
     (52 Stat. 1208; 16 U.S.C. 81b, 81d), limiting the average 
     width of the Colonial Parkway, the Secretary of the Interior 
     (hereinafter in this title referred to as the ``Secretary'') 
     is authorized to include within the Colonial National 
     Historical Park, and to acquire by purchase, donation or 
     exchange, lands and interests in lands (with or without 
     improvements) within the areas depicted on the map dated 
     August 1993, numbered 333/80031A, and entitled ``Page Landing 
     Addition to Colonial National Historical Park''. Such map 
     shall be on file and available for inspection in the offices 
     of the National Park Service at Colonial National Historical 
     Park and in Washington, District of Columbia.
     
[[Page H 9076]]


     SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND RIGHTS-OF-
                   WAY.

       (a) In General.--The Secretary is authorized to transfer, 
     without reimbursement (except as provided in subsection (c)), 
     to York County, Virginia, any portion of the existing sewage 
     disposal system, including related improvements and 
     structures, that is owned by the United States and located 
     within the Colonial National Historical Park, together with 
     such rights-of-way as the Secretary determines to be 
     necessary to maintain and operate such system.
       (b) Repair and Rehabilitation of System.--The Secretary is 
     authorized to enter into a cooperative agreement with York 
     County, Virginia, under which the Secretary will pay a 
     portion, not to exceed $110,000, of the costs of repair and 
     rehabilitation of the sewage disposal system referred to in 
     subsection (a).
       (c) Effect of Agreement on Charges, Impact, and 
     Alterations.--In consideration for the rights-of-way granted 
     under subsection (a), in recognition of the contribution 
     authorized under subsection (b), and as a condition of the 
     transfer authorized by subsection (a), the cooperative 
     agreement under subsection (b) shall provide for a reduction 
     in, or the elimination of, the amounts charged to the 
     National Park Service for its sewage disposal with respect to 
     the Colonial National Historical Park, shall provide for 
     minimizing the impact of the park's sewage disposal system on 
     the park and its resources, and shall provide that such 
     system may not be enlarged or substantially altered without 
     the concurrence of the director of the National Park Service.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $110,000 to carry 
     out section 302 and $830,000, or the current appraised value 
     of the lands and interests in lands referred to in section 
     301, whichever is lower, to carry out section 301.
                TITLE IV--SHENANDOAH VALLEY BATTLEFIELDS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Shenandoah Valley 
     Battlefields Partnership Act of 1995''.

     SEC. 402. CONGRESSIONAL 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, the 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 of Civil War sites within a regional 
     framework requires cooperation among local property owners 
     and Federal, State, and local government entities; and
       (6) partnerships between Federal, State, and local 
     governments, the regional entities of such governments, 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. 403. STATEMENT OF PURPOSE.

       The purposes of this title 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, the regional entities of such governments, 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. 404. DEFINITIONS.

       For purposes of this title:
       (1) Battlefield.--The term ``battlefield'' means 1 of 15 
     battlefields in the Shenandoah Valley, as identified in the 
     report.
       (2) Commission.--The term ``Commission'' means the 
     Shenandoah Valley Battlefields Commission established by 
     section 409.
       (3) Historic core.--The term ``historic core'' means the 
     area that is so defined in the report, encompasses important 
     components of a battle, and provides a strategic context and 
     geographic setting for understanding the battle.
       (4) Historic park.--The term ``historic park'' means the 
     Shenandoah Battlefields National Historic Park established 
     under section 405(b).
       (5) Plan.--The term ``plan'' means the Shenandoah Valley 
     Battlefields plan approved by the Secretary under section 
     406.
       (6) Report.--The term ``report'' means the report prepared 
     by the Secretary pursuant to the Civil War Sites Study Act of 
     1990 (Public Law 101-628; 16 U.S.C. 1a-5 note).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Shenandoah valley.--The term ``Shenandoah Valley'' 
     means the Shenandoah Valley in the Commonwealth of Virginia.

     SEC. 405. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC 
                   PARK.

       (a) Authorization.--To carry out the purposes of this 
     title, there is hereby authorized to be established the 
     Shenandoah Valley Battlefields National Historic Park in the 
     Commonwealth of Virginia. The Secretary shall establish in 
     the Shenandoah Valley an administrative office and a location 
     to provide information and interpretation with respect to the 
     battlefields.
       (b) Establishment.--
       (1) In general.--The Shenandoah Valley Battlefields 
     National Historic Park is hereby established upon publication 
     by the Secretary in the Federal Register that--
       (A) the Secretary has determined that the historic core of 
     one or more of the battlefields is protected adequately to 
     ensure the long-term preservation of the historic core in 
     accordance with the plan; and
       (B) the Secretary accepts administrative jurisdiction of 
     such historic core.
       (2) Contents of historic park.--The historic park shall 
     consist of each historic core with respect to which the 
     Secretary publishes a notice under paragraph (1).
       (c) Administration.--The Secretary shall administer the 
     historic park in accordance with this title and with 
     provisions of law generally applicable to the National Park 
     System, including the Act of August 25, 1916 (39 Stat. 535; 
     16 U.S.C. 1, 2, 3, 4) and the Act of August 21, 1935 (49 
     Stat. 666; 16 U.S.C. 461-467). The Secretary shall protect, 
     manage, and administer the historic park for the purposes of 
     preserving and interpreting its 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.
       (d) Land Acquisition.--If a historic core is included in 
     the historic park--
       (1) the Secretary may accept title from any private entity 
     to any lands or interests therein within the historic core; 
     and
       (2) the Secretary may acquire from any willing seller lands 
     and interests therein within the boundary of the historic 
     core if the Secretary determines that such acquisition is 
     essential to avoid significant changes to land use which the 
     Secretary determines would have a significant adverse effect 
     on the historic character of the historic core.
       (e) Living History Demonstrations and Battlefield 
     Enactments.--The Secretary shall allow, at any location in 
     the historic park, any living history demonstration or 
     battlefield reenactment that is the same as or substantially 
     similar to a demonstration or reenactment that occurred at 
     such location at any time during the 12-month period ending 
     on the date of the enactment of this Act. The Secretary may 
     allow, at any location in the historic park, any living 
     history demonstration or battlefield reenactment that is not 
     described in the preceding sentence but that the Secretary 
     determines to be appropriate.

     SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS PLAN.

       (a) In General.--The historic park shall be managed by the 
     Secretary pursuant to this title and the Shenandoah Valley 
     Battlefields plan developed by the Commission and approved by 
     the Secretary, as provided in this section.
       (b) Specific Provisions.--The plan shall include--
       (1) provisions for the management, protection, and 
     interpretation of the natural, cultural, and historical 
     resources of the battlefields, consistent with the purposes 
     of this title;
       (2) identification of the historic cores that are 
     appropriate for administration by the Secretary;
       (3) a determination of the level of protection that is 
     adequate to ensure the long-term preservation of each of the 
     historic cores that is identified under paragraph (2) and 
     measures recommended to accomplish such protection, which may 
     include (but need not be limited to) conservation easements, 
     local zoning, transfer of development rights, or ownership by 
     an entity dedicated to preservation of the historic resources 
     of the battlefields;
       (4) recommendations to the Commonwealth of Virginia (and 
     political subdivisions thereof) regarding the management, 
     protection, and interpretation of the natural, cultural, and 
     historical resources of the battlefields;
       (5) 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);
       (6) identification of appropriate partnerships between the 
     Secretary, Federal, State, and local governments and regional 
     entities, and the private sector, in furtherance of the 
     purposes of this title;
       (7) proposed locations for visitor contact and major 
     interpretive facilities;
       (8) provisions for implementing a continuing program of 
     interpretation and visitor education concerning the resources 
     and values of the battlefields and historic core areas;
       (9) provisions for a uniform valley-wide historical marker 
     and wayside exhibit program, including a provision for 
     marking, with the consent of the owner, historic structures 
     and properties that are contained 

[[Page H 9077]]
     within and contribute to the understanding of the battlefields; and
       (10) recommendations for means of ensuring continued local 
     involvement and participation in the management, protection, 
     and development of the battlefields.
       (c) Preparation of Draft Plan.--
       (1) In general.--Not later than 3 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) Additional requirements.--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 submitted under subsection (c) and, not 
     later than 90 days after the date on which the draft plan is 
     submitted, shall either--
       (1) approve the draft plan as the plan; or
       (2) reject the draft plan and recommend to the Commission 
     modifications that would make the draft plan acceptable.

     SEC. 407. COOPERATIVE AGREEMENTS.

       (a) In General.--In furtherance of the purposes of this 
     title, the Secretary may establish partnerships and enter 
     into cooperative agreements concerning lands, and interests 
     therein, within the battlefields with other Federal, State, 
     or local agencies and private persons or organizations.
       (b) Historic Monuments.--The Secretary may enter into an 
     agreement with the owner of property that is located in the 
     battlefields and on which an historic monument or tablet 
     commemorating a relevant battle has been erected prior to 
     the date of the enactment of this Act. The Secretary may 
     make funds available for the maintenance, protection, and 
     interpretation of the monument or tablet, as the case may 
     be, pursuant to the agreement.
       (c) Agreements and Partnerships Not Dependent on Inclusion 
     in Historic Park.--The Secretary may establish a partnership 
     or enter into an agreement under this section with respect to 
     a battlefield regardless of whether or not the historic core 
     area of the battlefield is included in the historic park.

     SEC. 408. TECHNICAL ASSISTANCE PROGRAM.

       (a) Technical Assistance to Property Owners.--The Secretary 
     may provide technical assistance to owners of property 
     located within the battlefields to provide for the 
     preservation and interpretation of the natural, cultural, and 
     historical resources within the battlefields.
       (b) Technical Assistance to Governmental Entities.--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.
       (c) Assistance Not Dependent on Inclusion in Park.--The 
     Secretary may provide assistance under this section with 
     respect to a battlefield or historic core area regardless of 
     whether or not the battlefield or historic core area is 
     included in the Park.

     SEC. 409. SHENANDOAH VALLEY BATTLEFIELDS COMMISSION.

       (a) Establishment.--There is hereby established the 
     Shenandoah Valley 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, appointed after the 
     Secretary considers recommendations made by appropriate local 
     governing bodies.
       (2) 10 members representing property owners within the 
     battlefields (1 member within each unit of the battlefields).
       (3) 1 member with demonstrated expertise in historic 
     preservation.
       (4) 1 member who is a recognized historian with expertise 
     in Civil War history.
       (5) 1 member from a list of recommendations made by the 
     Governor of Virginia.
       (6) 1 member representing the interests of the National 
     Park Service.
       (c) Appointments.--Members shall be appointed for the life 
     of the Commission.
       (d) Election of Officers.--The Commission shall elect one 
     of its members as Chairperson and one as Vice Chairperson. 
     The terms of office 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 at the call of the 
     Chairperson or a majority of the members of the Commission, 
     but not less than quarterly. Notice of Commission meetings 
     and agendas for the meetings 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 title.
       (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.
       (o) Termination.--The Commission shall terminate upon the 
     expiration of the 45-day period beginning on the date on 
     which the Secretary approves the plan under section 406(d).

     SEC. 410. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) develop the plan and draft plan referred to in section 
     406, in consultation with the Secretary;
       (2) advise the Secretary with respect to the battlefields;
       (3) assist the Commonwealth of Virginia, and any political 
     subdivision thereof, in the management, protection, and 
     interpretation of the natural, cultural, and historical 
     resources within the battlefields, except 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 by landowners, local governments, organizations, 
     and businesses.

     SEC. 411. TERMINATION OF INCLUSION IN HISTORIC PARK.

       (a) In General.--A historic core that becomes part of the 
     historic park shall continue to be included in the historic 
     park unless--
       (1) the Secretary determines that the protection of the 
     historic core no longer meets the requirements of section 
     405(b)(1)(A); and
       (2) after making a determination referred to in paragraph 
     (1), the Secretary submits to the Congress notification that 
     the historic core should cease to be included in the historic 
     park.
       (b) Public Hearing.--Before the Secretary makes a 
     determination referred to in subsection (a)(1) regarding a 
     historic core, the Secretary or a designee shall hold a 
     public hearing within the vicinity of the historic core.
       (c) Time of Termination of Inclusion.--
       (1) In general.--A historic core shall cease to be included 
     in the historic park upon the expiration of 90 legislative 
     days after the Secretary submits to the Congress the 
     notification referred to in subsection (a)(2) regarding the 
     historic core.
       (2) Legislative day.--For purposes of this subsection, the 
     term ``legislative day'' means any calendar day on which both 
     Houses of the Congress are in session.

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated not more than 
     $5,000,000 for development of the historic park, not more 
     than $2,000,000 for land acquisition pursuant to this title, 
     not more than $500,000 to carry out the purposes of sections 
     407 and 408, and not more than $250,000 for any fiscal year 
     for the operation of the Commission.
            TITLE V--CUMBERLAND GAP NATIONAL HISTORICAL PARK

     SEC. 501. ADDITION OF LANDS.

       (a) Authority.--Notwithstanding the Act of June 11, 1940 
     (16 U.S.C. 261 et seq.), the Secretary of the Interior is 
     authorized to acquire by donation, purchase with donated or 
     appropriated funds, or exchange not to exceed 10 acres of 
     land or interests in land, which shall consist of those 
     necessary lands for the establishment of trailheads to be 
     located at White Rocks and Chadwell Gap.
       (b) Administration.--Lands and interests in lands acquired 
     pursuant to subsection (a) shall be added to and administered 
     as part of Cumberland Gap National Historical Park.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

[[Page H 9078]]
  Utah [Mr. Hansen] will be recognized for 20 minutes and the gentleman 
from New Mexico [Mr. Richardson] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I rise in strong support of H.R. 1091, 
legislation to improve the National Park System in the Commonwealth of 
Virginia.
  Mr. Speaker, this is a comprehensive bipartisan bill which makes 
improvements to various park areas in the Commonwealth of Virginia. 
First, the bill resolves boundary questions at two parks, Shenandoah 
National Park and Richmond National Battlefield, where the park 
boundary now includes hundreds of thousands of acres of nonFederal, 
non-park-quality lands. These unmanageable boundaries have been a 
source of significant concern to private property owners and local 
governments alike. This bill shrink-wraps boundaries at those parks to 
generally conform to lands currently owned by the Federal Government or 
lands anticipated to be added to the parks in the near future.
  Under the title pertaining to Richmond National Battlefield, the bill 
provides for a substantial expansion of the existing 770-acre park by 
authorizing the NPS to accept a donation totalling 907 acres with 
important Civil War features. The bill also directs the Secretary to 
develop a proposal to ensure protection of the New Market Heights 
Battlefield, a significant site where 14 African-Americans earned the 
Congressional Medal of Honor.
  By establishing reasonable boundaries for both Shenandoah National 
Park and Richmond Battlefield, these areas will be placed on equal 
footing with the other 360-plus areas administered by the NPS which 
have reasonable fixed boundaries. After enactment of this legislation, 
future boundary adjustments at these parks will be made by Congress, 
rather than the park superintendent.
  The bill also transfers 19 road corridors at Shenandoah National 
Park, totaling 16 acres out of the 196,500-acre park, from the NPS back 
to the Commonwealth for their administration and management. Along with 
nearly all the land currently within the park, these roads were donated 
by the Commonwealth to the Federal Government at the time of park 
establishment in the 1930's. However, recently, the NPS has advised the 
Commonwealth that NPS has no authority to permit the Commonwealth to 
continue to maintain these roads. The Commonwealth is now seeking to 
have these roads returned to their ownership so that they can manage 
them and continue such uses as transporting children to schools.
  Title III of the bill expands the boundary of the existing Colonial 
National Parkway by 15 acres at its narrowest point and provides for 
the county to take over an existing utility line to private residents 
within the park. This legislation is nearly identical to a bill which 
passed the House last session.
  Title IV of the bill authorizes a new park area in the Shenandoah 
Valley to recognize a number of important Civil War battles which 
occurred there. However, the bill provides that the park will not be 
established unless the State and local governments, and the private 
sector, make a significant contribution to the preservation of these 
significant Civil War sites. Only if the Secretary finds that these 
resources are adequately protected by these other entities is he 
permitted to establish the park. Further, if these partners retreat 
from their commitments to preserve these sites, the bill provides for 
the deauthorization of the park.
  The overall cost of this title has been reduced from about $25 
million--as introduced--to $7 million, with the balance of the cost to 
be picked up by the other partners in the overall effort to preserve 
these sites. This is the type of partnership effort which will be 
required in any new park areas.
  A new title V, as requested by Mr. Boucher, authorizes the 
acquisition of essential land at Cumberland Gap National Historical 
Park to ensure continued trail access to the park.
  It is important to point out what this bill does in balance. We are 
deleting over 585,000 acres from the authorized boundaries of two parks 
and establishing a new park where the Federal Government will never own 
or administer more than a few thousand acres.
  It is a good bill with bipartisan support from the six Members from 
Virginia who represent all of the areas within this bill. The measure 
is also supported by State and local governments, private landowners 
and such groups as the National Trust for Historic Preservation and the 
Association for the Preservation of Civil War Sites.
  I commend this bill to my colleagues and urge them to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, two very distinguished Members and 
friends of mine are sponsoring this bill, the gentlemen from Virginia 
[Mr. Bliley and Mr. Wolf]. This is important as we deliberate any bill. 
I have to express some concerns with the bill, the content, and 
basically the question I am asking is, what is the rush with the 
Richmond and Shenandoah park proposals? What we have is boundary 
studies underway. This legislation basically prejudges the results of 
those studies.
  There is not any threat to any landowner. These parks were assembled 
by donation, not Federal condemnation. I have no problem with the 
colonial park legislation. That was worked out in the last Congress and 
passed by the House in its current form.
  The same cannot be said for the other proposal before us today. This 
was considered, the Shenandoah, this was considered in the past by the 
House on a bipartisan basis last year as a national heritage area and 
not as a national park, but I know the gentleman from Virginia [Mr. 
Wolf] and many of his colleagues have had a number of events recently 
at the park, and I respect that.
  Mr. Speaker, I have listened to a lot of the concerns expressed by 
some of my colleagues about the park system. After this bill, we are 
going to take up H.R. 260, which basically is a parks closure bill, yet 
we are adding some national park units by the Congress, with some 
reservations from the national park system, so we are going a little 
bit in different directions here.
  Mr. Speaker, I will support this bill. I will vote for it.
  Mr. GOODLATTE. Mr. Speaker, will the gentleman yield?
  Mr. RICHARDSON. I yield to the gentleman from Virginia.
  Mr. GOODLATTE. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I just want to make the point with regard to the 
Shenandoah National Park and Richmond Battlefield that we are in no way 
saying additional lands should not be added. Those studies should and 
can go forward. All we are saying is the same criteria which provides 
for taking lands out of the park should apply to putting land into the 
park; that is, congressional action. After this is completed, if there 
are proposals to add land, they can bring that before the Congress and 
have it considered. Now local governments and local private owners in 
the area have no say on land going into the park.
  Mr. RICHARDSON. Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Virginia [Mr. Bliley] the author of this bill.
  Mr. BLILEY. Mr. Speaker, I want to thank the gentleman for bringing 
this bill, and I thank the gentleman from Alaska, [Mr. Young] chairman 
of the full committee, and my good friend, the gentleman from New 
Mexico, Bill Richardson. I know he had some concerns, he has expressed 
them to me in the past, but I appreciate the gentleman's willingness, 
in spite of his concerns, to support this legislation.
  I also want to thank my colleague from Virginia's Third District, the 
gentleman from Newport News, [Mr. Scott] for his support.
  Mr. Speaker, the gentleman from Utah [Mr. Hansen] has thoroughly 
explained the bill. I want to just add a few things. The reason for 
this bill that I introduced, H.R. 1091, was a response to constituents' 
worries about the 

[[Page H 9079]]
boundaries of Richmond National Battlefield Park and the Shenandoah 
National Park. Each of these parks is peculiar in that it has a vast 
authorized boundary with a much smaller amount of land actually owned 
and managed by the Park Service.
  Unlike normal parks, these two parks can expand whenever they want, 
without congressional approval or a fair representation of local 
communities' concerns. The Richmond National Battlefield Park comprises 
10 sites around Richmond totaling about 760 acres, to which this bill 
would add 900 more at Malvern Hill, but its enormous 1936-authorized 
boundary envelopes 250 square miles of the metropolitan area. What the 
constituents are concerned about is that somehow a designation will be 
put on their land against their wishes that will downzone the value of 
their land. That is a very important concern to anyone who owns land.
  Having served in local government and having participated in a couple 
of downzonings, it is a very, very bad policy to downzone a man's land. 
Anytime that Members want to expand either of these parks, all the Park 
Service has to do is to come forward with a request that then can be 
considered, but what will happen then is that it would give the 
neighbors a chance to comment, and it will give the local governments a 
chance to comment, as well as the State government. Then Congress will 
determine whether we have the resources to absorb whatever this gift 
might be.
  Right now, Richmond National Battlefield Park has a $2 million 
shortfall in its operating funds for 1996, and the Shenandoah National 
Battlefield Park has a shortfall of $5.5 million. So to me it makes 
eminent sense that before we go expanding either of these parks, let us 
make sure we have enough resources to take care of the expansion, pure 
and simple.
  I am also pleased that the legislation of the gentleman from Virginia 
[Mr. Wolf], that he was successful in passing last session in the other 
body is included, and this legislation conserves for future generations 
10 Civil War battlefields in the Shenandoah Valley. But most 
importantly about this act is this was developed in close consultation 
with the communities up and down the valley.
  Mr. Speaker, I thank my good friend, the gentleman from Utah [Mr. 
Hansen].
  Mr. HANSEN. Mr. Speaker, I yield 5 minutes to my good friend, the 
gentleman from Virginia [Mr. Wolf].
  Mr. WOLF. Mr. Speaker, I rise in strong support of H.R. 1091, a bill 
which would improve the National Park System in the Commonwealth of 
Virginia. I am particularly interested and supportive of title IV of 
the bill which incorporates legislation I introduced which would create 
the Shenandoah Valley Battlefields National Historic Park.
  Mr. Speaker, this morning I had the pleasure and honor of 
participating in a dedication ceremony for the preservation of the 3d 
Battle of Winchester. The 3d Battle of Winchester, or Opequon, was the 
largest and most desperately contested battle of the Civil War in the 
Shenandoah Valley of Virginia, resulting in more than 9,000 casualties. 
This battle, where over 15,000 Confederate troops led by Lt. Gen. Jubal 
Early and about 39,000 Union troops led by Maj. Gen Philip Sheridan 
clashed in the otherwise quiet countryside, marked the rise of Sheridan 
and the decline of Confederate power.
  Perhaps it is coincidence, providence, fortuity, serendipity or luck 
that H.R. 1091 is being considered on the floor of the House of 
Representatives the same day the 3d Battle of Winchester is saved by 
development. The hallowed Civil War site of Opequon was saved by a 
partnership between the Federal Government, State and local government, 
businesses persons, and private preservationists. This has been the 
approach taken in the valley for years and is the approach embodied in 
title IV of this legislation.
  Mr. Speaker, in response to a congressional directive (Public Law 
101-628), the National Park Service [NPS] undertook the task of 
studying the Civil War sites in the Shenandoah Valley. The NPS 
identified significant Civil War sites and determined their condition, 
established their relative importance, assessed short- and long-term 
threats to their integrity, and provided general alternatives for their 
preservation.
  The Park Service discovered that 15 of the 326 documented armed 
conflicts in the valley between 1861 and 1865 were of particularly high 
significance. Because many portions of the valley retain a high degree 
of historic, rural and scenic integrity, the NPS concluded that they 
should be preserved. The two major Valley campaigns--the Thomas J. 
``Stonewall'' Jackson Valley campaign of 1862 and the decisive Philip 
Sheridan campaign of 1864--are the major Civil War battlefields not yet 
preserved. This Congress has a historic opportunity to capitalize on 
the overwhelming momentum of support for this legislation.

                              {time}  1615

  Unfortunately, the NPS did not recommend a specific preservation 
strategy. Therefore, some local valley residents accepted a challenge 
by Park Service staff to devise a plan to preserve these historic 
lands. Their efforts were remarkable. Their dedication and perseverance 
unflappable. This was truly a grassroots effort.
  Local residents began to meet and discuss how these hallowed lands 
could be preserved for future generations to learn and enjoy. They are 
eager to share the stories of the valley--not just battle maneuvers and 
formations, but the stories of people dislocated by a brutal war. They 
want to share the story of how the city of Winchester, VA, changed 
hands between North and South at least 73 times, and how that turmoil 
affected local residents. Even today, one can sense the effect the war 
had on the Valley.
  After countless meetings and telephone conversations, in which the 
National Park Service was consulted, a consensus began to form around a 
partnership concept where Federal, State, and local governments, 
private landowners and preservation groups could work together to 
preserve these lands. After a draft bill was ready, we held discussion 
meetings in the Shenandoah Valley on the proposed legislation. These 
meetings provided an opportunity for thorough review and comment by 
Valley residents and officials on this legislation. These meetings, 
attended by local government officials, landowners, business people, 
and preservationists, served as a vehicle to refine, modify, and 
improve the legislation with the input and advice of citizens from 
throughout the Shenandoah Valley.
  What I found during those public meetings was unprecedented unanimous 
support for this legislation. I served at the Department of the 
Interior in the 1970's under Secretary Morton, and I can't recall ever 
gaining such widespread support for a park bill. The legislation before 
this subcommittee has been endorsed by every local government where 
core battlefield properties are located. Moreover, we have a broad, 
bipartisan coalition of interests united to preserve these treasures of 
history. The list that follows my statement, compiled over a year and a 
half ago, comprises those persons and entities who endorsed this 
partnership approach to preservation. There have been many others since 
this list was put together.
  This subcommittee should know that the work of valley residents did 
not end with the drafting and introduction of this legislation. The 
Cedar Creek Battlefield Foundation is a private nonprofit corporation 
organized to save the historic Cedar Creek Civil War battlefield site. 
The Frederick County Board of Supervisors and Winchester City Council 
have appointed a Battlefield Task Force whose responsibility it is to 
prepare a strategic plan for the protection and use of the battlefield 
sites. The task force's interim action plan designates the most 
critical and significant sites and recommends immediate actions to be 
taken. Frederick County and the city of Winchester have also 
successfully convinced a trustee of a battlefield property at Kernstown 
to postpone a planned auction. Moreover, they have purchased a $500,000 
2-year option to buy land. Within the last couple of weeks, the 
Association for the Preservation of Civil War Sites [APCWS] exercised 
an option to purchase 222 acres, known as Caleb Heights, of the 
threatened third battle of Winchester using funds derived from the sale 
of Civil War commemorative 

[[Page H 9080]]
coins. APCWS is committed to raising the remaining $2 billion needed to 
pay off the remaining cost of the property. Not only have the local 
governments and private groups dedicated time and personnel to planning 
the preservation of the battlefields, they have committed scarce 
resources to protect these lands. This is an overwhelming demonstration 
of their commitment to the successful implementation of a preservation 
plan.

  Local governments alone can't preserve these valuable resources; they 
need a partnership with the Federal Government to preserve these lands. 
Even the most well intentioned friends of battlefield preservation will 
find it difficult to keep the threats of residential construction, 
commercial development, highway construction, and industrial 
development at bay. Interstates 66 and 81 bring increasing pressure on 
this rural landscape and threaten to consume more battlefield land. As 
the NPS study indicates, some critical properties have already been 
lost.
  Since the Civil War, most of the Shenandoah Valley has remained in 
the same type of agricultural use, but, as the Park Service has 
reported, increasing development threatens key battlefield sites. Title 
IV of H.R. 1091 would protect many of these through designation as a 
unit of the National Park System, while encouraging partnerships with 
local governments and private landowners to protect the natural 
cultural and historical resources on adjacent lands within the historic 
core areas of the key battlefield sites. Partnership is the key 
ingredient in this bill. It was borne of cooperation and will succeed 
by bringing all interested parties into the planning, development, and 
implementation of this novel preservation scheme.
  This bill capitalizes on the cooperation and hard work which have 
created a sturdy foundation upon which to build this park. Much of the 
groundwork has been laid by residents of the valley and specialists 
knowledgeable about land use planning, environmental impact studies, 
and so forth. I encourage this subcommittee to utilize the experience, 
dedication, and knowledge base that exists in the valley in preparing a 
plan for park management, visitor facilities, educational programs, and 
historical markers and exhibits throughout the Shenandoah Valley. The 
NPS should work hand-in-glove with the local community.
  The second important component of the legislation is that it provides 
incentives for local governments to preserve historic land by including 
battlefield protection in regional planning. As the Park Service study 
observed, local governments are under increasing pressure to allow 
residential construction, commercial development, highway construction, 
and industrial development. Grants and technical assistance provide the 
necessary incentive that local governments need to ward off development 
pressures.
  The third key ingredient which I would like to stress in the grants 
to private battlefield landowners. Because of the tight fiscal 
constraints of federal discretionary spending, we can't expect the 
National Park Service to purchase thousands and thousands of acres of 
land. This is much too expensive. We can, however, provide incentives 
to local landowners to assist in the preservation of historic lands. In 
exchange for these economic incentives, private landowners could 
provide the Park Service needed scenic or preservation easements or 
could contractually agree to maintain open-space lands with historic 
viewsheds. This will ensure that a comprehensive overall interpretation 
of the resource is attained.
  Mr. Speaker, the time is upon us for Federal action to preserve the 
historic Civil War battlefields of the Shenandoah Valley, in 
partnership with State and local governments, local landowners, and 
preservation groups. This innovative concept will be the least costly 
and disruptive strategy to protect the lands forever.
  Mr. Speaker, one point of interest that people should know, that 
there is a Colonel McCormick in my congressional district, 94 years 
old, lives in Front Royal, just retired from practicing law. His father 
and his grandfather and his uncle were in Pickett's Charge at 
Gettysburg. The interest in the Shenandoah Valley for this is very 
important.
  In closing, Mr. Speaker, the time is upon us for Federal action to 
preserve the historic Civil War battlefields of the valley in 
partnership with State and local governments and local landowners and 
preservation groups.
  I want to acknowledge before I close and thank the gentleman from 
Utah [Mr. Hansen] and his staff. Without the help of the gentleman from 
Utah [Mr. Hansen], this legislation would not be passing. He nurtured 
it through, worked with us and he did everything he possibly could.
  I want to say on the record, the gentleman and I were freshmen 
together in that class of 1980 when we came, I think there are only 16 
of us left, but I want to publicly say I will be eternally grateful for 
his help and his entire staff. He helped us work this thing through.
  I also want to thank the gentleman from Virginia [Mr. Goodlatte] for 
his efforts. It was a good team effort. Our districts are joined 
together. We were lockstepped together at the beginning of this. I 
thank him.
  I also want to thank the gentleman from Virginia [Mr. Bliley], the 
gentleman from Virginia [Mr. Scott], and the other members of the 
Virginia delegation, and on the Senate side, Senators Robb and Warner. 
We were together almost like Stonewall Jackson. There stood the 
Virginia like a stone wall, we were together and united on this.
  And finally Mr. Speaker, I would like to add a very special thank you 
to Will Moschella, one of my legislative assistants, who was 
instrumental in helping to bring this bill forward.
  Tomorrow it is my hope and expectation, and I might say I am going to 
say a little prayer, that this legislation will pass without any 
controversy and will then be passed by the other body.
  Mr. Speaker, I include the following articles and extraneous material 
for the Record, which describe the efforts to create a Civil War 
National Battlefield Park in the Shenandoah Valley of Virginia:

            Shenanoah Valley Proposal Endorsements by County


                               frederick

       The Glass-Glen Burnie Foundation, Landowner/Individual.
       Town of Middletown, Government.
       Town of Stephens City, Government.
       Winchester-Frederick Chamber of Commerce, Business.
       Winchester-Frederick County Econ. Deve. Comm., Business.


                               shenandoah

       Association for the Preservation of Civil War Sites, 
     Landowner/Individual
       C.M. ``Mike'' Hunt, Landowner/Individual.
       Sarah P. Faulconer, Landowner/Individual.
       James H. Faulconer, Landowner/Individual.
       Garland C. Hudgins, Landowner/Individual.
       Breckenridge Chapter, Daughters of the Confederacy, 
     Historic Group.
       Town of New Market, Government.
       Clinton M. Truesdale, Individual.
       The Strasburg Guards, Sons of Confederate Veterans, 
     Historic Group.
       Town of Woodstock, Government.
       David E. Smith, Landowner/Individual.
       William Craun, Landowner/Individual.
       William F. Bausserman, Landowner/Individual.
       William J. Bausserman, Landowner/Individual.
       Harold Walter, Landowner/Individual.
       Keith Rocco, Landowner/Individual.
       J.W. Troxell, Landowner/Individual.
       Ralph Stickley, Landowner/Individual.
       Tom's Brook Farm,/Rodney A. Bankson, CDR, USN-Ret., 
     Landowner/Individual.
       10th Virginia Volunteer Infantry, Historic Group.
       Cross Keys Antiques/John B. Woodyard, Landowner/Individual.
       Friends of the North Fork of the Shenandoah River, Civic 
     Group.
       Hupp's Hill Battlefield Park and Study Center, Historic 
     Group/Business.
       New Market Area Chamber of Commerce, Business.
       New Market Battlefield Historic Park, Historic Group.
       Patricia K. Marie, Landowner/Individual.
       Reformation Lutheran Church, Civic Group.
       Robert D. Plu, Landowner/Individual.
       Shenanoah Caverns, Business.
       Shenandoah Valley Civil War Roundtable, Historic Group.
       Shenandoah Valley Quality Inn/Lois Moomaw, Gen. Man., 
     Business.
       Strasburg Rotary Club, Civic Group.
       Town of Mount Jackson, Government.
       Town of Tom's Brook, Government.
       VMI Museum Programs, Historic Group.
       Women's Memorial Society, Civic Group.
       Woodstock Museum, Historic Group.


                               rockingham

       Arthur J. Hamilton, Landowner/Individual.
       Association for the Preservation of Civil War Sites, 
     Landowner/Individual.

[[Page H 9081]]

       Barbara Paulson, Landowner/Individual.
       Cherry Grove Farm/George K. Harnsberger, Landowner/
     Individual.
       F & M Bank-Massanutten, Business.
       Graham C. Lilly/Professor of Law UVA, Landowner/Individual.
       Harrisonburg-Rockingham Historical Society, Historic Group.
       Harry L. Chandler, Landowner/Individual.
       Lawrence D. Bowers/Wilson & Bowers, Landowner/Individual.
       Martha B. Caldwell/Professor of Art History JMU, Landowner/
     Individual.
       Mr. & Mrs. Brownie A. Cummins, Landowner/Individual.
       Mr. & Mrs. Thomas F. Tutwiller, Landowner/Individual.
       Peter Svenson, Landowner/Individual.
       The Inn at Keezletown Road Bed & Breakfast, Business.
       The Society of Port Republic Preservationists, Historic 
     Group.
       The Town of Dayton, Virginia, Government.
       James J. Geary, Former Dir. New market Battle, Landowner/
     Individual.
       Ronald E. Carrier, President, James Madison Univ., 
     Educational.
       Barbara Moore, Landowner/Individual.
       Daniel M. Downey, Ph.D., Landowner/Individual.
       Tom's Brook Farm/Rodney A. Bankson, CDR, USN-Ret., 
     Landowner/Individual.
       W. Allen & Phoebe Sherwood, Landowner/Individual.
       W.C. Bedall, Jr., Landowner/Individual.
       Wilmer Diehl Family, Landowner/Individual.


                                highland

       Association for the Preservation of Civil War Sites, 
     Landowner/Individual.
       The Board of Supervisors for Highland County, Government.
       The Recorder, Business/Press.
       Virginia's Western Highlands Travel Council, Business.


                               winchester

       City of Winchester, Government.
       Elizabeth G. Helm/Former Mayor, Government.
       Downtown Development Board, Government.
       The Common Council of the City of Winchester, Government.


                                augusta

       Winston Wine, Landowner/Individual.


                                  page

       Luray Caverns Corporation, Business.


                             port republic

       Mark & Susan Hardy, Landowner/Individual.


                                regional

       The Civil War Trust, Historic Group.


                               alexandria

       Brian C. Pohanka, Landowner.


                              valley wide

       Shenandoah Valley Travel Association, Business.

               [From the Washington Post, June 13, 1993]

                            Unsung Soldiers


        The case for saving Shenandoah's Civil War battlegrounds

                        (By James M. McPherson)

       Many Americans recognize the significance of such Civil War 
     battles and campaigns as Antietam, Gettysburg, Chickamauga, 
     Chattanooga and Petersburg. All of these battlefields are now 
     national parks that attract millions of visitors each year.
       More than 125 years after the guns went silent, tourists 
     can walk the ground near Sharpsburg, Md., where more 
     Americans died in one day--Sept. 17, 1862--than any other day 
     in our history. They can scan the fields at Gettysburg, where 
     13,000 Confederate soldiers launched an assault of futile 
     courage on July 3, 1863. And they can see where Grant's 
     legions put their siege lines at Vicksburg, forcing that 
     city's defenders to eat mules and rats before surrendering.
       No one can truly comprehend the tragic but triumphant 
     trauma of the American Civil War without visiting such 
     battlefields. But there are two large gaps in our 
     commemoration of the engagements of the Civil War--Stonewall 
     Jackson's Shenandoah Valley campaign in 1862 and Phil 
     Sheridan's Shenandoah Valley campaign in 1864. No national 
     park--or state or local park--marks any of the eight battles 
     and numerous important skirmishes involved in these 
     campaigns, even though they were as crucial in shaping the 
     course and outcome of the war as were Antietam, Vicksburg and 
     Chattanooga--yes, even as important as Gettysburg itself. The 
     two Shenandoah Valley campaigns produced two of the four 
     major turning points of the war (the other two were Antietam 
     and Gettysburg-Vicksburg).
       Jackson's string of victories in the valley from May 8, 
     1862, to June 9, 1862, reversed a tide of Northern triumphs 
     during the preceding three months that had threatened to sink 
     the Confederacy.
       The Union had captured Roanoke Island and New Bern in North 
     Carolina, forts Henry and Donelson, Nashville and New Orleans 
     and the lower Mississippi valley. Union victories in the 
     bloody battles of Shiloh and Pea Ridge and the advance of the 
     largest Union army to within six miles of Richmond in the 
     spring of 1862 had caused panic and depression in the South.
       In mid-May 1862, the Confederate government was prepared to 
     evacuate Richmond. Then came Jackson's extraordinary 
     victories in the Shenandoah Valley--at McDowell on May 8, 
     Front Royal on May 23, Winchester on May 25 and Cross Keys 
     and Port Republic on June 8 and 9.
       These victories proved to be a strategic shot in the arm 
     for the Confederacy. They changed the momentum of the war and 
     launched a year of Southern victories in the Virginia theater 
     that culminated in the Confederacy's high tide at Gettysburg.
       The tide receded, but by the late summer of 1864 
     Confederate prospects again seemed promising. The two largest 
     Northern military efforts of the war, to capture Richmond and 
     Atlanta, had bogged down in apparent stalemate after 100,000 
     Union casualties. The shock of death and failure staggered 
     the Union, threatened Lincoln's reelection and spawned a 
     peace movement in the North.
       In July a small Confederate army commanded by Jubal Early 
     cleared Union forces out of the Shenandoah Valley and marched 
     all the way to the outskirts of Washington before pulling 
     back. During this crisis, Gen. Ulysses S. Grant sent one of 
     his favorite subordinates, Philip Sheridan, to the valley to 
     take command of a composite ``Army of the Shenandoah'' and 
     crush Early. In three battles--among the most one-sided Union 
     victories of the war--Sheridan did precisely that: at Third 
     Winchester (or Opequon Creek) on Sept. 19, Fisher's Hill on 
     Sept. 22 and Cedar Creek on Oct. 19. These battles ensured 
     Lincoln's reelection on a platform of unconditional victory 
     and marked the final turn of the tide toward Appomattox.
       The absence of a national park for any of these Shenandoah 
     Valley battlefields has always been a mystery to me, But 
     there is now a chance to remedy this omission--maybe the last 
     chance.
       The expansion of development along I-66 to its intersection 
     with I-81 a few miles from five of the Shenandoah Valley 
     battlefield sites threatens these sites with extinction. That 
     fate could be avoided by the creation of a Shenandoah Valley 
     national battlefields park.
       Many residents of this area recognize that preservation of 
     these sites would produce more than the obvious historical 
     and cultural benefits. It would also yield the economic 
     benefits of tourism at a much lower cost than residential 
     development, with its inevitable byproducts of congestion, 
     noise and pollution.
       Most of the battlefield sites in the valley still possess a 
     high degree of historical integrity, that is, the 
     topography--the fields and forests, the hills and valleys and 
     viewsheds--has changed little since the Civil War. At 
     surprisingly low cost to taxpayers, much of the battlefield 
     acreage could be saved for posterity, with sites linked by 
     already existing state and local roads. Several parcels of 
     battlefield lands already are owned by private preservations 
     groups that are ready to turn them over to the National Park 
     Service.
       Congress should authorize a Shenandoah Valley National 
     Battlefield Park as envisioned in legislation introduced by 
     Rep. Frank Wolf (R-Va.) in the House and Sens. John Warner 
     (R) and Chuck Robb (D) of Virginia and Sen. James Jeffords 
     (R) of Vermont.
       Creation of such a park would make it possible for millions 
     of Americans to visit these battlefields, where thousands 
     gave their last full measure of devotion just as surely as 
     did those who died at Gettysburg.

  Mr. RICHARDSON. Mr. Speaker, I yield 5 minutes to the gentleman from 
Virginia [Mr. Scott] who strenuously was urging that we pass this bill 
and who has worked very hard on it equally, especially the component of 
black Civil War heroes.
  Mr. SCOTT. Mr. Speaker, I rise in support of H.R. 1091 and would like 
to speak to the impact of the bill on the Richmond area. This 
legislation is important because it relieves a burden from landowners 
of having to worry about the possibility of condemnation of their land 
by the Richmond National Battlefield Park. For too long, the park has 
had the ability to use this process to acquire land without the 
permission of landowners. I applaud my colleague from the Richmond 
area, Mr. Bliley, for realizing our constituents' concerns and for 
removing the threat of condemnation in this legislation. The fact is, 
Mr. Speaker, that this power has never been used nor is there any 
anticipation that it would be used in the foreseeable future. This 
bill, therefore, removes the cloud of uncertainty and concern of area 
residents near the battlefield.
  While this bill reduces the large area of potential land acquisition, 
I agree with my other colleagues from Virginia that there is nothing in 
this legislation that will prevent specific land acquisition in the 
future through legislative authorizations for either purchase or 
acceptance of donated lands.
  Additionally, Mr. Speaker, this bill addresses an important battle 
site. Nearly 131 years ago, on September 29, 1864, near Richmond, VA, 
in an area referred to as New Market Heights, U.S. Colored Troops would 
assault a Confederate position, suffer extreme losses 

[[Page H 9082]]
and have 14 of their ranks receive Medals of Honor for bravery in 
action.
  Mr. Speaker, in the entire balance of the Civil War, only 2 more Army 
medals were awarded to African-Americans and no other battle in the 
entire Civil War generated 14 Medal of Honor designees.
  Until this past year, however, the story of these 14 African-American 
soldiers was scarcely remembered or retold. A Richmond Times-Dispatch 
article dated May 21 of this year calls this battlefield one of the 
Nation's most forgotten historical sites.
  But with the assistance of my colleague from Richmond we are now 
headed in the right direction by honoring these 14 men, bringing just 
acknowledgment and credit to a previously forgotten event. I am 
grateful for the help of the gentleman from Virginia [Mr. Bliley] and 
support in crafting legislation that ensures that the battle of New 
Market Heights will be recognized for its historic significance.
  Mr. Speaker, this bill responds to the concerns of landowners in 
Henrico County, it focuses the resources of the National Park Service 
on truly historically significant sites, and gives proper recognition 
to the valiant African-American soldiers in New Market Heights.
  I therefore join my colleagues from Virginia, both in the Richmond 
area and the Shenandoah area, in support of this bill. I thank the 
gentleman from Utah and the gentleman from New Mexico for their 
cooperation.
  Mr. HANSEN. Mr. Speaker, I yield 5 minutes to the gentleman from 
Virginia [Mr. Goodlatte].
  (Mr. GOODLATTE asked and was given permission to revise and extend 
his remarks.)
  Mr. GOODLATTE. Mr. Speaker, I thank the gentleman from Utah for 
yielding me the time. I especially thank him and his outstanding staff 
for their efforts in moving this legislation through their committee, 
and the gentleman from Alaska [Mr. Young] for moving it through the 
full committee.
  Mr. Speaker, we have been working on this legislation now in various 
forms for several years, certainly since I came to the Congress in 
1993, and I am just delighted that it has bipartisan support from other 
members of the delegation from Virginia and from the gentleman from New 
Mexico.
  This legislation is vitally important to my congressional district 
because 3 of the 5 aspects of the bill affect my district. The 
Shenandoah National Battlefield legislation was authored by the 
gentleman from Virginia [Mr. Wolf], who has done an outstanding job in 
creating a new piece of legislation and a new type of national park 
that I think will serve as a model for other national parks in the 
future; and the gentleman from Virginia [Mr. Bliley] authored other 
aspects of this legislation dealing with the Shenandoah National Park.
  First the Shenandoah National Battlefield parks, new legislation, as 
the gentleman from Virginia [Mr. Wolf] indicated, to protect 12 
battlefield sites up and down the Shenandoah Valley, the last major 
part of our country where we had important Civil War battles fought, 
that are at this point receiving no protection and are not recognized 
as a national park. These 12 are the most important of several hundred 
different sites around the area.
  Three of them, the Cross Keys, Port Republic, and McDowell 
Battlefield sites are in my district, in Rockingham County and Highland 
County, respectively. This legislation, unlike the creation of 
battlefields in the past where the Government has bought up in many 
instances thousands and thousands of acres of land, often at enormous 
cost, this creates this park in a very different way. This land will 
largely remain in the hands of private owners who will continue to farm 
it, as it is primarily an agricultural area today, as it was during the 
Civil War 130 years ago.
  We have the opportunity here to create a protection for battlefields, 
but also at the same time have an opportunity for local governments to 
have the maximum amount of input about these lands and to protect the 
rights of private property owners. There will be no condemnation of 
lands allowed in this park, and we will have this as an opportunity to 
both utilize the land for agriculture and to promote tourism and the 
preservation of these important sites, all at the same time.
  In addition, the legislation offered by the gentleman from Virginia 
[Mr. Bliley] dealing with the Shenandoah National Park is vitally 
important as well. Those of you who are familiar with the creation of 
this park in the 1920's and 1930's know that there was a great deal of 
hardship and animosity on the part of many people who lived in that 
park at that time and were forcibly removed from the park. There is 
documentation of individuals whose homes were burned while they had 
been forcibly removed from the home, their furniture removed, put out 
on the ground outside, and they stayed there and watched while their 
home was burned to the ground.
  There is a long history of difficult relations between the national 
park, which is a precious resource that every one of us values, but at 
the same time respect for the rights of those people who live around 
the park and are concerned about the manner in which it was created and 
about the manner in which it could be expanded, because of the 
authorized boundary of some 521,000 acres which is more than 2\1/2\ 
times the size of the park today.
  That would mean that, for example, the city of Waynesboro in my 
congressional district, a city of more than 20,000 people, half of that 
city is in the authorized area of the national park. It simply does not 
make any sense.
  We are not in any way shrinking the size of the park. We are not 
taking any land out of the park except for the specific 16 acres 
designated by the gentleman from Virginia [Mr. Bliley], which will be 
used to improve roads going through the park, to widen the roads, 
straighten the roads for safety purposes because they are used by the 
public, used by school buses traveling through the area. That will be 
removed, but other than that, there is no change in the boundary of the 
park.
  This simply says that in the future if people want to add to the 
Shenandoah National Park, they are going to have to go through the 
process of getting congressional support for legislation that will add 
the land. No longer can they do so simply as an administrative 
decision.
  This is something that I think is vitally important for the 
protection of the counties that surround the park, that are worried 
about losing the tax base for land that might be donated to the park, 
and it is also vitally important for the adjoining landowners who fear 
they may see a diminution of the value of their property. I strongly 
urge passage of this legislation.
  As an original cosponsor and one who has worked hard and waited long 
to see this day come to pass, I am pleased to rise in support of H.R. 
1091, the Virginia National Parks Act. I want to congratulate 
Congressman Bliley for spearheading the introduction of this much-
needed effort and Chairmen Young and Hansen for their excellent 
leadership in bringing this bill to the floor.
  Three components of this legislation directly impact my congressional 
district, the sixth district of Virginia: setting the boundaries of the 
Shenandoah National Park; the transfer of secondary roads within the 
Shenandoah National Park to the State; and the Shenandoah Valley 
National Battlefields Partnership Act.
  These land-related concerns all have one common thread--they all 
achieve their ends through local control by communities and property 
owners.
  I am extremely pleased that the Shenandoah Valley National 
Battlefields Partnership Act which our colleague Frank Wolf has 
championed since the 103d Congress is contained in this legislation. As 
an original cosponsor of the battlefields bill I was very disappointed 
when it was caught in the end of the session rush of the 103d Congress 
and not taken up by the House. Committee testimony last Congress 
pointed out the national significance of the battlefields and related 
areas in the Shenandoah Valley and the danger they face if left 
unprotected.
  Congressman Wolf and constituents in both of our congressional 
districts have worked very hard to craft this balanced legislation. 
Extensive local involvement was instrumental in developing a solid bill 
securing the Valley's rich heritage without treading on the authority 
of local governments or the rights of private landowners. This act 
represents a model partnership between Federal and local governments to 
preserve 12 critical Civil War battle sites throughout the Shenandoah 
Valley. These include three sites in the sixth congressional District: 
Cross Keys and Port Republic 

[[Page H 9083]]
in Rockingham County and McDowell in Highland County.
  Residents of the Shenandoah Valley are fiercely proud of their 
heritage and the role that their valley played in the American Civil 
War. Not only did the battles fought in the valley play a pivotal role 
in the Civil War and have national importance, but the ravages from 
these battles on the lives of local citizens and their property were 
great and remain an important part of our local history. Many of the 
descendants of the native valley families who farmed the land where 
these battles were fought some 130 years ago still reside on those same 
family farms today.
  This tremendous pride in the valley's rich heritage is the key to why 
public participation in the drafting of this legislation was 
overwhelming. More than two dozen public hearings were held throughout 
the valley and support has been widespread.
  Prior to the introduction of the bill, I participated in a public 
meeting held in my congressional district by the Rockingham County 
Board of Supervisors to find out if support for the proposal to create 
the Shenandoah Valley National Battlefields Park was as widespread as 
we anticipated. This meeting provided a forum where all voices in the 
area could be heard.
  The community's support was very strong. Property owners, 
preservation groups, and local government officials and businesses 
voiced their support for the bill and the Rockingham County Board of 
Supervisors subsequently endorsed it. This type of support has been 
universal. Every Chamber of Commerce and Economic Development Council 
in the five counties affected have endorsed this bill.
  That is because our bill not only protects the irreplaceable 
resources of the battle sites, it also protects property rights through 
its entirely voluntary approach and provides opportunity for continued 
economic development for the region. This is achieved in a cost-
efficient manner.
  This legislation does not involve acquisition of thousands of acres 
of land by the Federal Government. There will be no Federal ``taking'' 
of local property. That approach would be antithetical to the residents 
of the valley who as I mentioned earlier are fiercely proud of their 
heritage, yet deeply suspicious of big Government.
  Rather, this legislation is built on providing incentives designed to 
encourage local governments and landowners to voluntarily manage their 
communities and property in ways best to further the preservation of 
these sites and park objectives. It respects private property rights 
and recognizes federal budgetary limitations resulting from the Federal 
budget deficit. It creates a model, partnership between the local 
communities and the Federal Government to protect our valley's rich 
historic resources for future generations.
  With regard to provisions modifying the boundary of the Shenandoah 
National Park--ever since my first campaign for Congress in 1991, I 
have heard from citizens and local governments concerned about the 
possible expansion of the Shenandoah National Park and the impact such 
an expansion would have on their property values and those communities 
which lie on the parameters of the park. Since 1991 this issue has been 
one of my top priorities.
  Shenandoah National Park now encompasses 196,000 acres of land, 
however it has a much larger authorized boundary of 521,000 acres 
created by Congress in 1926. Under this authorization, the SNP has the 
potential to expand in three ways without any action by Congress: by 
accepting donated property, by purchasing property with donated funds 
and through land transfers with private property owners. In fact, the 
only time that the park must come to Congress in order to expand is if 
they seek to purchase property with appropriated funds.
  This situation causes local communities and property owners to 
constantly fear such an expansion and the potential for crippling 
effects upon property rights and local tax bases. In Rockingham County 
for example, there is the community of Beldor Hollow which has lived 
for several generations with the threat that citizens of the community 
could actually be surrounded by park land, ``land-locked'' if you will. 
In fact two members of the Rockingham County Board of Supervisors spoke 
to the National Parks Subcommittee about those concerns back in March 
when the subcommittee held hearings on this bill.
  By freezing the boundaries of the park to the land that the SNP 
currently owns we will alleviate this threat of out-of-control 
expansion that has plagued these communities since the 1930's. This 
bill does not eliminate the potential for the park to expand in the 
future--it just requires that Congress approve such an expansion which 
provides the park's neighbors the opportunity to have a voice in the 
matter.
  We've also taken care of another Shenandoah issue with this 
legislation by transferring secondary roads within the park to the 
state so that they can continue to be maintained. Virginia has 
maintained and operated these secondary roads under a series of 
temporary use permits since the park's creation. These permits have 
expired and since the National Park Service has not renewed them the 
State can no longer maintain these roads, many of which are in need of 
repairs. Our bill returns these roads to the State so that they can be 
maintained.
  I urge my colleagues to pass this legislation which is vitally 
important to the entire State of Virginia.
  Mr. RICHARDSON. Mr. Speaker, I have no further requests for time.
  Mr. Speaker, let me conclude by stating that I will support this 
bill. I have some reservations. Again, I think we should give our Park 
Service professionals the opportunity in their boundary studies to work 
their will, but I am compelled to support it because of the respect I 
have for many Members on both sides of the aisle that would like to see 
this bill become law. Tomorrow when we cast the vote, I will be voting 
``aye.''
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Foley). The question is on the motion 
offered by the gentleman from Utah [Mr. Hansen] that the House suspend 
the rules and pass the bill, H.R. 1091, as amended.
  The question was taken.
  Mr. RICHARDSON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________