[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H10011-H10013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             RICHMOND NATIONAL BATTLEFIELD PARK ACT OF 2000

  Mr. CALVERT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5225) to revise the boundaries of the Richmond National 
Battlefield Park based on the findings of the Civil War Sites Advisory 
Committee and the National Park Service and to encourage cooperative 
management, protection, and interpretation of the resources associated 
with the Civil War and the Civil War battles in and around the city of 
Richmond Virginia, as amended.
  The Clerk read as follows:

                               H.R. 5225

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``Richmond 
     National Battlefield Park Act of 2000''.
       (b) Definitions.--In this Act:
       (1) Battlefield park.--The term ``battlefield park'' means 
     the Richmond National Battlefield Park.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) In the Act of March 2, 1936 (Chapter 113; 49 Stat. 
     1155; 16 U.S.C. 423j), Congress authorized the establishment 
     of the Richmond National Battlefield Park, and the boundaries 
     of the battlefield park were established to permit the 
     inclusion of all military battlefield areas related to the 
     battles fought during the Civil War in the vicinity of the 
     city of Richmond, Virginia. The battlefield park originally 
     included the area then known as the Richmond Battlefield 
     State Park.-
       (2) The total acreage identified in 1936 for consideration 
     for inclusion in the battlefield park consisted of 
     approximately 225,000 acres in and around the city of 
     Richmond. A study undertaken by the congressionally 
     authorized Civil War Sites Advisory Committee determined that 
     of these 225,000 acres, the historically significant areas 
     relating to the campaigns against and in defense of Richmond 
     encompass approximately 38,000 acres.
       (3) In a 1996 general management plan, the National Park 
     Service identified approximately 7,121 acres in and around 
     the city of Richmond that satisfy the National Park Service 
     criteria of significance, integrity, feasibility, and 
     suitability for inclusion in the battlefield park. The 
     National Park Service later identified an additional 186 
     acres for inclusion in the battlefield park.
       (4) There is a national interest in protecting and 
     preserving sites of historical significance associated with 
     the Civil War and the city of Richmond.
       (5) The Commonwealth of Virginia and its local units of 
     government have authority to prevent or minimize adverse uses 
     of these historic resources and can play a significant role 
     in the protection of the historic resources related to the 
     campaigns against and in defense of Richmond.
       (6) The preservation of the New Market Heights Battlefield 
     in the vicinity of the city of Richmond is an important 
     aspect of American history that can be interpreted to the 
     public. The Battle of New Market Heights represents a premier 
     landmark in black military history as 14 black Union soldiers 
     were awarded the Medal of Honor in recognition of their valor 
     during the battle. According to National Park Service 
     historians, the sacrifices of the United States Colored 
     Troops in this battle helped to ensure the passage of the 
     Thirteenth Amendment to the United States Constitution to 
     abolish slavery.
       (b) Purpose.--It is the purpose of this Act--
       (1) to revise the boundaries for the Richmond National 
     Battlefield Park based on the findings of the Civil War Sites 
     Advisory Committee and the National Park Service; and
       (2) to direct the Secretary of the Interior to work in 
     cooperation with the Commonwealth of Virginia, the city of 
     Richmond, other political subdivisions of the Commonwealth, 
     other public entities, and the private sector in the 
     management, protection, and interpretation of the resources 
     associated with the Civil War and the Civil War battles in 
     and around the city of Richmond, Virginia.

     SEC. 3. RICHMOND NATIONAL BATTLEFIELD PARK; BOUNDARIES.

       (a) Establishment and Purpose.--For the purpose of 
     protecting, managing, and interpreting the resources 
     associated with the Civil War battles in and around the city 
     of Richmond, Virginia, there is established the Richmond 
     National Battlefield Park consisting of approximately 7,307 
     acres of land, as generally depicted on the map entitled 
     ``Richmond National Battlefield Park Boundary Revision'', 
     numbered 367N.E.F.A.80026A, and dated September 2000. The map 
     shall be on file in the appropriate offices of the National 
     Park Service.
       (b) Boundary Adjustments.--The Secretary may make minor 
     adjustments in the boundaries of the battlefield park 
     consistent with section 7(c) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9(c)).

     SEC. 4. LAND ACQUISITION.

       (a) Acquisition Authority.--
       (1) In general.--The Secretary may acquire lands, waters, 
     and interests in lands within the boundaries of the 
     battlefield park from willing landowners by donation, 
     purchase with donated or appropriated funds, or exchange. In 
     acquiring lands and interests in lands under this Act, the 
     Secretary shall acquire the minimum interest necessary to 
     achieve the purposes for which the battlefield is 
     established.
       (2) Special rule for private lands.--Privately owned lands 
     or interests in lands may be acquired under this Act only 
     with the consent of the owner.
       (b) Easements.--
       (1) Outside boundaries.--The Secretary may acquire an 
     easement on property outside the boundaries of the 
     battlefield park and around the city of Richmond, with the 
     consent of the owner, if the Secretary determines that the 
     easement is necessary to protect core Civil War resources as 
     identified by the Civil War Sites Advisory Committee. Upon 
     acquisition of the easement, the Secretary shall revise the 
     boundaries of the battlefield park to include the property 
     subject to the easement.
       (2) Inside boundaries.--To the extent practicable, and if 
     preferred by a willing landowner, the Secretary shall use 
     permanent conservation easements to acquire interests in land 
     in lieu of acquiring land in fee simple and thereby removing 
     land from non-Federal ownership.
       (c) Visitor Center.--The Secretary may acquire the Tredegar 
     Iron Works buildings and associated land in the city of 
     Richmond for use as a visitor center for the battlefield 
     park.

     SEC. 5. PARK ADMINISTRATION.

       (a) Applicable Laws.--The Secretary, acting through the 
     Director of the National Park Service, shall administer the 
     battlefield park in accordance with this Act and laws 
     generally applicable to units of the National Park System, 
     including the Act of August 25, 1916 (16 U.S.C. 1 et. seq.) 
     and the Act of August 21, 1935 (16 U.S.C. 461 et. seq.).
       (b) New Market Heights Battlefield.--The Secretary shall 
     provide for the establishment of a monument or memorial 
     suitable to honor the 14 Medal of Honor recipients from the 
     United States Colored Troops who fought in the Battle of New 
     Market Heights. The Secretary shall include the Battle of New 
     Market Heights and the role of black Union soldiers in the 
     battle in historical interpretations provided to the public 
     at the battlefield park.
       (c) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with the Commonwealth of Virginia, its 
     political subdivisions (including the city of Richmond), 
     private property owners, and other members of the private 
     sector to develop mechanisms to protect and interpret the 
     historical resources within the battlefield park in a manner 
     that would allow for continued private ownership and use 
     where compatible with the purposes for which the battlefield 
     is established.
       (d) Technical Assistance.--The Secretary may provide 
     technical assistance to the Commonwealth of Virginia, its 
     political subdivisions, nonprofit entities, and private 
     property owners for the development of comprehensive plans, 
     land use guidelines, special studies, and other activities 
     that are consistent with the identification, protection, 
     interpretation, and commemoration of historically significant 
     Civil War resources located inside and outside of the 
     boundaries of the battlefield park. The technical assistance 
     does not authorize the Secretary to own or manage any of the 
     resources outside the battlefield park boundaries.

[[Page H10012]]

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 7. REPEAL OF SUPERSEDED LAW.

       The Act of March 2, 1936 (Chapter 113; 16 U.S.C. 423j-423l) 
     is repealed.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Calvert) and the gentleman from New Mexico (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Calvert).
  Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5225, introduced by the gentleman from Virginia 
(Mr. Bliley), chairman of the Committee on Commerce, revises the 
boundaries of the Richmond National Battlefield Park. These revisions 
are based on the findings of the Civil War Sites Advisory Committee and 
the National Park Service. The bill also encourages cooperative 
management, protection and interpretation of the resources associated 
with the Civil War and the Civil War battles in and around the city of 
Richmond, Virginia.
  The boundary revision would establish the Richmond National 
Battlefield Park to include approximately 7,300 acres. The bill 
authorizes the Secretary of the Interior to acquire land within the 
boundaries of the new park, but only from willing sellers. This bill 
also specifies that, to the extent practicable, the Secretary will 
purchase permanent conservation easements in lieu of outright land 
acquisitions.
  H.R. 5225 also directs the Secretary to provide for the establishment 
of a suitable monument or memorial to honor the 14 Medal of Honor 
recipients from the United States Colored Troops who fought in the 
Battle of New Market Heights.
  Mr. Speaker, this is an important piece of legislation, and I urge my 
colleagues to support H.R. 5225 with an amendment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, H.R. 5225 would revise the boundaries of the Richmond 
National Battlefield Park in Virginia to include important resources 
related to the Civil War battles in and around the city of Richmond, 
Virginia.
  The park was established in 1936 to preserve and commemorate several 
Civil War battles that took place as part of the capture of the 
Confederate capital. However, several important sites and resources are 
not currently within the park boundaries. H.R. 5225 would correct the 
situation and provides a means to protect and interpret additional 
Civil War resources. In addition, the bill provides recognition for the 
New Market Heights Battlefield where 14 Medals of Honor were awarded to 
African Americans. This is a fitting tribute to the extraordinary 
bravery that was exhibited there.
  Mr. Speaker, H.R. 5225 has the support of the administration and the 
local community. We support it as well and urge its adoption by the 
House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CALVERT. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Virginia (Mr. Bliley), who represents the great city of 
Richmond, Virginia, the chairman of the Committee on Commerce.
  Mr. BLILEY. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, I rise today in support of H.R. 5225, the Richmond 
National Battlefield Park Act of 2000. This legislation, as has been 
pointed out, has the support of the National Park Service; it has the 
support of the local boards of supervisors and the Henrico County 
NAACP.
  As the proud holder of the congressional district with the most Civil 
War battlefields, I am particularly sensitive to the role these sites 
play in our Nation's history.
  Driving through the Seventh Congressional District of Virginia is, 
quite literally, a tour of the land which contained the bloodiest 
fighting during the most tumultuous time in our Nation's history.
  As I travel the seventh district, I pass Brandy Station, the site of 
the largest cavalry battle of the war; Cold Harbor and the Wilderness, 
which held some of the most ferocious fighting; and the Tredegar Iron 
Works, which served as the arsenal of the Confederacy.
  Not surprisingly, with these important sites so close to privately 
owned land, there is a great deal of tension between those wanting to 
preserve these important sites and those wanting to use their own land 
as they see fit.
  Today, with the passage of this legislation, we take a great step 
towards protecting the rights of the landowners and preserving these 
Civil War sites for future generations.
  For many years, citizens in and around the city of Richmond have 
lived in the shadow of the Richmond Battlefield Park. Since 1936, when 
the battlefield park was created, the boundary of the park has 
encompassed 225,000 acres, including a good portion of the city of 
Richmond.
  Property owners inside the park boundary have lived with the 
knowledge that the National Park Service possesses condemnation 
authority over their land, though I must say they have never used it. 
At any time, the National Park Service might purchase land without the 
consent of the property owners. Today, we put an end to the landowners' 
fears that the Park Service may take their land for use by the Richmond 
National Battlefield Park.
  First and foremost, this legislation accomplishes the long-time goal 
of repealing the National Park Service's condemnation authority within 
the park. Landowners no longer have to worry about losing their 
property to the Federal Government.
  The bill also allows the use of Federal funds to buy battlefield land 
for the park from willing sellers. Only those wanting to sell their 
product to the National Park Service may do so.
  Landowners also have the option of allowing the National Park Service 
easements on their property for use in historic interpretation instead 
of the outright sale of land. This is a win for private landowners, the 
Park Service, and preservationists.
  Next, the legislation restricts the acreage the battlefield park can 
acquire to specific, more limited tracts of land. This legislation 
limits the battlefield park to approximately 7,300 acres, which 
includes only the most significant and historic land.
  The Richmond National Battlefield Park Act also addresses two very 
important historic landmarks, the Tredegar Ironworks and the New Market 
Heights Battlefield.
  The act authorizes the use of the Tredegar Ironworks as the park's 
main visitor center. The Tredegar Ironworks, located on the bank of the 
James River, was the only page foundry and rolling mill in the South.
  The legislation authorizes the Park Service to use this facility to 
help visitors better understand the battlefields around Richmond and 
their impact on the Civil War.
  Lastly, this legislation emphasizes the importance of the Battle of 
New Market Heights as a premier landmark in black military history. 
Many African American soldiers fought bravely and selflessly during the 
Civil War. However, very few were officially recognized for valor 
during that war. Indeed, black soldiers received only 16 Medals of 
Honor during the Civil War. Fourteen of those were awarded for valor at 
New Market Heights.
  The importance of New Market Heights should not be underestimated, 
and this legislation reflects upon the importance of the battle.
  The act also directs the Secretary of the Interior to provide for the 
establishment of a monument to honor the 14 black Medal of Honor 
winners at New Market Heights. While this legislation does not 
specifically state that this monument be located at New Market Heights, 
it is the intent of Congress that this monument be located there.

                              {time}  1730

  It is appropriate for Congress to take this action. While it has 
taken a long time, the bravery and sacrifice of these soldiers must be 
honored.
  In closing, Mr. Speaker, I want to thank the gentleman from Alaska 
(Mr. Young) and the gentleman from Utah (Mr. Hansen) for their help 
with this legislation. Four years ago we came very close to passing 
similar legislation. Always a man of his word, in 1996

[[Page H10013]]

the gentleman from Alaska (Mr. Young) promised me that he would revisit 
the issue, and I am grateful for his help today.
  Lastly, I would like to thank my colleague, the gentleman from 
Virginia (Mr. Scott), and his staff for their hard work on this 
legislation. This is bipartisan common sense legislation which will 
have a positive impact on Richmond. My colleague, the gentleman from 
Virginia (Mr. Scott), shares a great deal of the credit for the passage 
of this legislation.
  Mr. Speaker, I urge support of this legislation.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Virginia (Mr. Scott), who also has worked 
with the Committee on Resources and played a key role on this 
legislation.
  Mr. SCOTT. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, I join with my colleague, the gentleman from Virginia 
(Mr. Bliley), in support of this important measure which reauthorizes 
the boundaries for the Richmond National Battlefield Park and 
establishes a memorial to honor the 14 black Union soldiers who were 
awarded the Medal of Honor for their valor during the battle of New 
Market Heights.
  Let me share with my colleagues just for a moment the story behind 
the battle of New Market Heights. During the Civil War, on September 
29, 1864, near Richmond, Virginia, Union forces attacked an important 
and heavily fortified Confederate position on a low ridge overlooking 
flat open terrain. It was on this particular day at New Market Heights 
that history would be made.
  Soldiers then referred to as U.S. colored troops would assault the 
Confederate position, suffer extreme losses, and have 14 of their 
members receive Medals of Honor for their bravery in action. It is 
significant that only two more army medals were awarded to African 
Americans during the balance of the Civil War, and no other battle in 
the entire war generated 14 Medal of Honor designees.
  Until recently, the story of these valiant 14 African-American 
soldiers was scarcely remembered or retold, even though some have 
described this battle to be one of the Nation's most forgotten historic 
sites. With the assistance of my colleague, the gentleman from Virginia 
(Mr. Bliley), this legislation will provide appropriate recognition of 
these 14 men and will ensure that the battle of New Market Heights will 
be recognized for its historic significance.
  This legislation is also important because it responds to the 
concerns of nearby landowners who have worried about the possibility of 
having their land taken by the Richmond National Battlefield Park. For 
too long the park has had the ability to use the power of eminent 
domain to take property without the consent of landowners. This bill 
recognizes those concerns and removes the cloud of uncertainty and 
concern of residents near the battlefield by prohibiting the 
acquisition of land without the consent of landowners.
  Furthermore, the bill responds to other concerns that the technical 
boundaries of the park cover a lot more land than is necessary. The 
bill significantly reduces the area designated for potential use by the 
park to cover only that land which has been determined to have historic 
significance.
  Mr. Speaker, H.R. 5225 responds to the concerns of landowners in 
Henrico County, Virginia, and focuses the resources of the National 
Park Service on the truly historically significant sites, and it gives 
proper recognition to the valiant African-American soldiers at New 
Market Heights. I, therefore, join my colleague from Virginia, with 
whom I have worked in a bipartisan manner on this bill, in support of 
the bill, and I urge its immediate passage.
  Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume 
just to say that it is altogether fitting and proper that this 
legislation today is offered by the gentleman from Richmond, Virginia 
(Mr. Bliley), and this is certainly worthwhile and I urge its unanimous 
passage.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from California (Mr. Calvert) that the House 
suspend the rules and pass the bill, H.R. 5225, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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