[Congressional Record Volume 148, Number 78 (Thursday, June 13, 2002)]
[Senate]
[Pages S5540-S5543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER (for himself and Mr. Allen):
  S. 2623. A bill to designate the Cedar Creek Battlefield and Belle 
Grove Plantation National Historical Park as a unit of the National 
Park System, and for other purposes, to the Committee on Energy and 
Natural Resources.
  Mr. WARNER. Madam President I am pleased to introduce legislation, 
along with my colleague, Senator Allen, to create the Cedar Creek 
Battlefield and Belle Grove Plantation National Historical Park.
  This legislation builds on an effort that I have been involved with 
for over a decade. In 1991, the Congress authorized the National Park 
Service to conduct an assessment of the historical integrity of 
significant Civil War battlefields in the Shenandoah Valley of 
Virginia. That examination identified 10 Civil War battlefields in 
eight counties in the Valley that remained significantly as they were 
during the war.
  The Valley itself was a location of constant engagements throughout 
the War with more than 325 armed conflicts. The 10 battlefields that 
are today preserved under the Shenandoah Valley National Battlefields 
Management Plan include the places of Stonewall Jackson's 1862 
campaign, and later Union General Philip Sheridan's 1864 campaign which 
left the Valley in ruins.
  This legislation is the product of many months of discussions with 
affected individual property owners with the battlefield boundary, our 
partner non-profit organizations who today preserve Belle Grove 
Plantation and surrounding lands within the battlefield, local 
governments and many interested citizens. I am pleased to present to 
the Senate their strong support for this legislation. I know that with 
retaining the private sector ownership of buildings and their direct 
participation in preserving and interpreting the story of Cedar Creek, 
we will have a truly unique partnership.
  The compelling story of the events that unfolded at Cedar Creek 
surely earns recognition within our National Park system. In October of 
1864, the Federal Army of the Shenandoah, having soundly defeated the 
Confederate Army of the Valley at Winchester on September 19 and then 
again at Fisher's Hill on September 22, ran the Confederate forces out 
of the Shenandoah Valley. In the process of this Union advance, Federal 
forces either burned or took all of the Confederate food reserves and 
livestock between Staunton and Strasburg. Thinking he had finally 
deprived the Valley as the Confederate's food source and as an invasion 
route North, Major General Philip Sheridan left his army camped along 
Cedar Creek at Middletown and went to Washington to have meetings with 
his supporters.
  Refusing to give up the Valley to the Federals, General Jubal Early 
moved his very hungry, tired, and ill-equipped army of about 17,000 to 
Fisher's Hill on October 13. Facing down Sheridan's

[[Page S5541]]

well dug-in army of over 30,000 men, Early had to make a decision to 
attack or retreat. He chose to attack. On the night of October 18, he 
sent three of his divisions under the command of Major General John 
Gordon across the Shenandoah River and along the flank of Massanutten 
Mountain to hit the Federal position from the east, behind its 
entrenchments along Cedar Creek.
  After marching and maneuvering all night, Gordon's divisions struck 
at dawn in a thick fog. The Federals were clearly surprised. Early 
pushed the Federals all the way out of their camps, past Belle Grove 
plantation and all the way through Middleton. At mid-day, Gordon 
ordered a halt to the advance so that he could regroup his forces.
  Being informed that there was a battle going on, Sheridan rushed to 
Middletown from Winchester. Once he arrived there in the afternoon, he 
found his army posted along a ridge north of Middletown. There he was 
able to rally his men, and from the position he ordered a massive 
counterattack. The counterattack completely swept the Confederates from 
the field.
  The battle of Cedar Creek was significant for many reasons. The 
battle dealt the crushing blow to the Confederacy in the Shenandoah 
Valley, thus ending the career of Jubal Early in the process. Most 
importantly, however, coupled with the successes of General William T. 
Sherman in the Atlanta campaign, the battle boosted the morale of the 
war-weary North and guaranteed the re-election of President Abraham 
Lincoln.
  The untouched landscape of this battlefield and the historic 
structure of Belle Grove plantation still today evoke the stories of 
the war. This site will serve to tell the whole story of the campaigns 
of the Valley and visitors will experience the full impact of the War 
of these surrounding rural communities.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2623

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cedar Creek Battlefield and 
     Belle Grove Plantation National Historical Park Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to establish the Cedar Creek 
     Battlefield and Belle Grove Plantation National Historical 
     Park in order to--
       (1) help preserve, protect, and interpret a nationally 
     significant Civil War landscape and antebellum plantation for 
     the education, inspiration, and benefit of present and future 
     generations;
       (2) serve as a focal point to 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 862 and the decisive campaigns of 1864;
       (3) tell the rich story of the Battle of Cedar Creek and 
     its significance in the conduct of the war in the Shenandoah 
     Valley; and
       (4) preserve the significant historic, natural, cultural, 
     military, and scenic resources found in the Cedar Creek 
     Battlefield and Belle Grove Plantation areas through 
     partnerships with local landowners and the community.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) The Battle of Cedar Creek, also known as the battle of 
     Belle Grove, was a major event of the Civil War and the 
     history of this country. It represented the end of the Civil 
     War's Shenandoah Valley campaign of 1864 and contributed to 
     the reelection of President Abraham Lincoln and the eventual 
     outcome of the war.
       (2) 2,500 acres of the Cedar Creek Battlefield and Belle 
     Grove Plantation were designated a national historic landmark 
     in 1969 because of their ability to illustrate and interpret 
     important eras and events in the history of the United 
     States. The Cedar Creek Battlefield, Belle Grove Manor House, 
     the Heater House, and Harmony Hall (a National Historic 
     Landmark) are also listed on the Virginia Landmarks Register.
       (3) The Secretary of the Interior has approved the 
     Shenandoah Valley Battlefields National Historic District 
     Management Plan, September 2000, which preserves the 
     District's historic character, and protects and interprets 10 
     significant Civil War battlefields within the District, 
     including the Cedar Creek battlefield.
       (4) The Shenandoah Valley Battlefields National Historic 
     District Management Plan and the National Park Service 
     Special Resource Study recognize the Cedar Creek battlefield 
     as the most significant Civil War resource within the 
     Historic District.
       (5) The Shenandoah Valley Battlefields National Historic 
     District Management Plan, which was developed with extensive 
     public participation over a 3-year period and is administered 
     by the Shenandoah Valley Battlefields Foundation, recommends 
     that Cedar Creek Battlefield be established as a new unit of 
     the National Park System to provide permanent protection for 
     the battlefield and to serve as the central site to increase 
     the public's education and awareness of the War's legacy 
     throughout the Historic District.
       (6) The Cedar Creek Battlefield Foundation, organized in 
     1988 to preserve and interpret the Cedar Creek Battlefield 
     and the 1864 Valley Campaign, has acquired 308 acres of land 
     within the boundaries of the National Historic Landmark. The 
     foundation annually hosts a major reenactment and living 
     history event on the Cedar Creek Battlefield.
       (7) Belle Grove Plantation is a Historic Site of the 
     National Trust for Historic Preservation that occupies 383 
     acres within the National Historic Landmark. The Belle Grove 
     Manor House was built by Isaac Hite, a Revolutionary War 
     patriot married to the sister of President James Madison, who 
     was a frequent visitor at Belle Grove. President Thomas 
     Jefferson assisted with the design of the house. During the 
     Civil War Belle Grove was at the center of the decisive 
     battle of Cedar Creek. Belle Grove is managed locally by 
     Belle Grove, Incorporated, and has been open to the public 
     since 1967. The house has remained virtually unchanged since 
     it was built in 1797, offering visitors an experience of the 
     life and times of the people who lived there in the 18th and 
     19th centuries.
       (8) The panoramic views of the mountains, natural areas, 
     and waterways provide visitors with an inspiring setting of 
     great natural beauty. The historic, natural, cultural, 
     military, and scenic resources found in the Cedar Creek 
     Battlefield and Belle Grove Plantation areas are nationally 
     and regionally significant.
       (9) The existing, independent, not-for-profit organizations 
     dedicated to the protection and interpretation of the 
     resources described above provide the foundation for public-
     private partnerships to further the success of protecting, 
     preserving, and interpreting these resources.
       (10) None of these resources, sites, or stories of the 
     Shenandoah Valley are protected by or interpreted within the 
     National Park System.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Cedar 
     Creek Battlefield and Belle Grove Plantation National 
     Historical Park Advisory Commission established by section 9.
       (2) Map.--The term ``Map'' means the map entitled ``Cedar 
     Creek Battlefield and Belle Grove Plantation National 
     Historic Park'', numbered CECR-80,000, and dated June 12, 
     2002.
       (3) Park.--The term ``Park'' means the Cedar Creek 
     Battlefield and Belle Grove Plantation National Historical 
     Park established under section 5 and depicted on the Map.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5. ESTABLISHMENT OF CEDAR CREEK BATTLEFIELD AND BELLE 
                   GROVE PLANTATION NATIONAL HISTORICAL PARK.

       (a) Establishment.--There is established the Cedar Creek 
     Battlefield and Belle Grove Plantation National Historical 
     Park, consisting of approximately 3,000 acres, as generally 
     depicted on the Map.
       (b) Availability of Map.--The Map shall be on file and 
     available for public inspection in the offices of the 
     National Park Service of the Department of the Interior.

     SEC. 6. ACQUISITION OF PROPERTY.

       (a) Real Property.--The Secretary may acquire land or 
     interests in land within the boundaries of the park, from 
     willing sellers only, by donation, purchase with donated or 
     appropriated funds, or exchange.
       (b) Boundary revision.--After acquiring land for the Park, 
     the Secretary shall--
       (1) revise the boundary map of the Park to include newly 
     acquired land within the boundary; and
       (2) administer newly acquired land subject to applicable 
     laws (including regulations).
       (c) Personal Property.--The Secretary may acquire personal 
     property associated with, and appropriate for, interpretation 
     of the Park.
       (d) Conservation Easements and Covenants.--The Secretary is 
     authorized to acquire conservation easements and enter into 
     covenants regarding lads in or adjacent to the Park for 
     willing sellers only. Such conservation easements and 
     covenants shall have the effect of protecting the scenic, 
     natural, and historic resources on adjacent lands and 
     preserving the natural or historic setting of the Park when 
     viewed from within or outside the Park.
       (e) Support Facilities.--The National Park Service is 
     authorized to acquire from willing sellers up to 50 acres of 
     land outside the park boundary, but in close proximity to the 
     park, to develop facilities for one or more of the following:
       (1) Visitors.
       (2) Administrative functions.
       (3) Museums.
       (4) Curatorial functions.
       (5) Maintenance.

[[Page S5542]]

     SEC. 7. ADMINISTRATION.

       The Secretary shall administer the Park in accordance with 
     this Act and the provisions of law generally applicable to 
     units of the National Park System, including--
       (1) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (16 U.S.C. 1 et seq.); and
       (2) the Act entitled ``An Act to provide for the 
     preservation of historic American sites, buildings, objects, 
     and antiquities of national significance, and for other 
     purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).

     SEC. 8. MANAGEMENT OF PARK.

       (a) Management Plan.--The Secretary, in consultation with 
     the Commission, shall prepare a management plan for the Park. 
     In particular, the management plan shall contain provisions 
     to address the needs of owners of non-Federal land, including 
     independent nonprofit organizations within the boundaries of 
     the Park.
       (b) Submission of Plan to Congress.--Not later than 3 years 
     after the date of the enactment of this Act, the Secretary 
     shall submit the management plan for the Park to Congress.

     SEC. 9. CEDAR CREEK BATTLEFIELD AND BELLE GROVE PLANTATION 
                   NATIONAL HISTORICAL PARK ADVISORY COMMISSION.

       (a) Establishment.--There is established the Cedar Creek 
     Battlefield and Belle Grove Planation National Historical 
     Park Advisory Commission.
       (b) Duties.--The Commission shall--
       (1) advise the Secretary in the preparation and 
     implementation of a general management plan described in 
     section 8; and
       (2) advise the Secretary with respect to the identification 
     of sites of significance outside the Park boundary deemed 
     necessary to fulfill the purposes of this Act.
       (c) Membership.--
       (1) Composition.--The Commission shall be composed of 15 
     members appointed by the Secretary so as to include the 
     following:
       (A) 1 representative from the Commonwealth of Virginia.
       (B) 1 representative each from the local governments of 
     Strasburg, Middletown, Frederick County, Shenandoah County, 
     and Warren County.
       (C) 2 representatives of private landowners within the 
     Park.
       (D) 1 representative from a citizen interest group.
       (E) 1 representative from the Cedar Creek Battlefield 
     Foundation.
       (F) 1 representative from Belle Grove, Incorporated.
       (G) 1 representative from the National Trust for Historic 
     Preservation.
       (H) 1 representative from the Shenandoah Valley 
     Battlefields Foundation.
       (I) 1 ex officio representative from the National Park 
     Service.
       (J) 1 ex officio representative from the United States 
     Forest Service.
       (2) Chairperson.--The Chairperson of the Commission shall 
     be elected by the members to serve a term of one year 
     renewable for one additional year.
       (3) Vacancies.--A vacancy on the Commission shall be filed 
     in the same manner in which the original appointment was 
     made.
       (4) Terms of service.--
       (A) In General.--Each member shall be appointed for a term 
     of 3 years and may be reappointed for not more than 2 
     successive terms.
       (B) Initial members.--Of the members first appointed under 
     paragraph (1), the Secretary shall appoint--
       (i) 4 members for a term of 1 year;
       (ii) 5 members for a term of 2 years; and
       (iii) 6 members for a term of 3 years.
       (5) Extended service.--A member may serve after the 
     expiration of that member's term until a successor has taken 
     office.
       (6) Majority rule.--The Commission shall act and advise by 
     affirmative vote of a majority of its members.
       (7) Meetings.--The Commission shall meet at least quarterly 
     at the call of the chairperson or a majority of the members 
     of the Commission.
       (8) Quorum.--8 members shall constitute a quorum.
       (d) Compensation.--Members shall serve without pay. Members 
     who are full-time officers or employees of the United States, 
     the Commonwealth of Virginia, or any political subdivision 
     thereof shall receive no additional pay on account of their 
     service on the Commission.
       (e) Hearings; Public Involvement.--The Commission may, for 
     purposes of carrying out this Act, hold such hearings, sit 
     and act at such times and places, take such public testimony, 
     and receive such evidence, as the Commission considers 
     appropriate. The Commission may not issue subpoenas or 
     exercise any subpoena authority.
       (f) FACA Nonapplicability.--The Federal Advisory Committee 
     Act shall not apply to the Commission.

     SEC. 10. CONSERVATION OF CEDAR CREEK BATTLEFIELD AND BELLE 
                   GROVE PLANTATION NATIONAL HISTORICAL PARK.

       (a) Encouragement of Conservation.--The Secretary and the 
     Commission shall encourage conservation of the historic and 
     natural resources within and in proximity of the Park by 
     landowners, local governments, organizations, and businesses.
       (b) Provision of Technical Assistance.--The Secretary may 
     provide technical assistance to local governments, in 
     cooperative efforts which complement the values of the Park.
       (c) Cooperation by Federal Agencies.--Any Federal entity 
     conducting or supporting activities directly affecting the 
     Park shall consult, cooperate, and, to the maximum extent 
     practicable, coordinate its activities with the Secretary in 
     a manner that--
       (1) is consistent with the purposes of this Act and the 
     standards and criteria established pursuant to the general 
     management plan developed pursuant to section 8;
       (2) is not likely to have an adverse effect on the 
     resources of the Park; and
       (3) is likely to provide for full public participation in 
     order to consider the views of all interested parties.

     SEC. 11. ENDOWMENT.

       (a) In General.--In accordance with the provisions of 
     subsection (b), the Secretary is authorized to receive and 
     expend funds from an endowment to be established with the 
     National Park Foundation, or its successors and assigns.
       (b) Conditions.--Funds from the endowment referred to in 
     subsection (a) shall be expended exclusively as the 
     Secretary, in consultation with the Commission, may designate 
     for the interpretation, preservation, and maintenance of the 
     Park resources and public access areas. No expenditure shall 
     be made pursuant to this section unless the Secretary 
     determines that such an expenditure is consistent with the 
     purposes of this Act.

     SEC. 12. COOPERATIVE AGREEMENTS

       (a) In General.--In order to further the purposes of this 
     Act, the Secretary is authorized to enter into cooperative 
     agreements with interested public and private entities and 
     individuals (including the National Trust for Historic 
     Preservation, Belle Grove, Inc., the Cedar Creek Battlefield 
     Foundation, the Shenandoah Valley Battlefields Foundation, 
     and the Counties of Frederick, Shenandoah, and Warren), 
     through technical and financial assistance, including 
     encouraging the conservation of historic and natural 
     resources within and near the Park.
       (b) Technical and Financial Assistance.--The Secretary may 
     provide to any person, organization, or governmental entity 
     technical and financial assistance for the purposes of 
     this Act, including the following:
       (1) Preserving historic structures within the Park.
       (2) Maintaining the natural or cultural landscape of the 
     Park.
       (3) Local preservation planning, interpretation, and 
     management of public visitation for the Park.
       (4) Furthering the goals of the Shenandoah Valley 
     Battlefields Foundation and National Historic District 
     Management Plan.

     SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS.

       (a) In General.--In recognition that central portions of 
     the Park are presently owned and operated for the benefit of 
     the public by key partner organizations, the Secretary shall 
     acknowledge and support the continued participation of these 
     partner organizations in the management of the Park.
       (b) Park Partners.--Roles of the current key partners 
     include the following:
       (1) Cedar creek battlefield foundation.--The Cedar Creek 
     Battlefield Foundation may--
       (A) continue to own, operate, and manage the lands acquired 
     by the Foundation within the Park;
       (B) continue to conduct reenactments and other events 
     within the Park; and
       (C) transfer ownership interest in portions of their land 
     to the National Park Service by donation, sale, or other 
     means that meet the legal requirements of National Park 
     Service land acquisitions.
       (2) National trust for historic preservation and belle 
     grove incorporated.--The National Trust for Historic 
     Preservation and Belle Grove Incorporated may continue to 
     own, operate, and manage Belle Grove Plantation and its 
     structures and grounds within the Park boundary. Belle Grove 
     Incorporated may continue to own the house and grounds known 
     as Bowman's Fort or Harmony Hall for the purpose of permanent 
     preservation, with a long-term goal of opening the property 
     to the public.
       (3) Shenandoah county.--Shenandoah County may continue to 
     own, operate, and manage the Keister park site within the 
     Park for the benefit of the public.
       (4) Gateway communities.--The adjacent historic towns of 
     Strasburg and Middletown shall be acknowledged at Gateway 
     Communities to the Park.
       (5) Shenandoah valley battlefields foundation.--The 
     Shenandoah Valley Battlefields Foundation may continue to 
     administer and manage the Shenandoah Valley Battlefields 
     National Historic District in partnership with the National 
     Park Service and in accordance with the Management Plan for 
     the District in which the Park is located.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

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

[[Page S5543]]

     

                          ____________________