[House Report 104-176]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-176
_______________________________________________________________________


 
                             VIRGINIA PARKS

_______________________________________________________________________


 July 11, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1091]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Resources, to whom was referred the bill 
(H.R. 1091) to improve the National Park System in the 
Commonwealth of Virginia, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:
              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 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.
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 such sums as may be necessary 
to carry out this title.

                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 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.
                          Purpose of the Bill

    The purpose of H.R. 1091 is to address a number of long-
standing concerns at areas administered by the National Park 
Service in the Commonwealth of Virginia and to provide for the 
authorization of the Shenandoah Valley Battlefield National 
Historic Park.

                  Background and Need for Legislation

    Shenandoah National Park. Shenandoah National Park was 
authorized in 1926. At the time it was authorized, the Federal 
Government did not conduct land acquisition for park purposes. 
Rather, Congress stipulated a 521,000-acre boundary and 
provided that after the Commonwealth of Virginia acquired the 
lands within the boundary and donated them to the Federal 
Government, the park would be established.
    Virginia was never able to acquire all the lands originally 
envisioned by the Interior Department, and Congress ultimately 
reduced the minimum park size to 160,000 acres. In 1935, the 
park was established when Virginia donated about 190,000 acres 
to the Federal Government. The park now has about 196,000 acres 
in Federal ownership, but retains the 521,000-acre authorized 
boundary and can accept any donations of land within the 
overall larger boundary. Non-federal lands within the 
authorized boundary are either not necessary for park purposes 
or no longer contain park qualities. Additionally, the current 
boundary is a source of continual concern for private property 
owners and local governments who strongly believe that boundary 
modifications should be on the basis of Congressional action, 
not the action of Federal park managers.
    When Virginia donated the land to the Federal Government 
for the park, they donated portions of 19 county roads. The 
National Park Service (NPS) recently told Virginia that the 
Commonwealth could no longer maintain these county roads, since 
they did not serve a park purpose.
    Richmond National Battlefield. The battlefield, which was 
authorized in 1936 to commemorate the siege of Richmond, also 
has a unique boundary arrangement. The authorizing statute 
permits the NPS to acquire from willing sellers, or by 
condemnation with donated funds, any lands within five statute 
miles of the city of Richmond or within five statute miles of 
the lands included in the park in 1936. However, the existing 
law specifies that acquisition can only occur with donated 
funds (i.e. no funds may be appropriated for land acquisition). 
The park boundary encompasses about 250,000 acres of which the 
NPS administers 780. These boundaries pose problems identical 
to those relating to the boundary at Shenandoah National Park.
    Colonial National Parkway. Colonial National Historic Park 
was established in 1930 to include Jamestown Island, site of 
the first permanent English settlement; Yorktown, site of the 
culminating battle of the American Revolution in 1781; a Civil 
War cemetery; and a 23-mile long parkway.
    The Act establishing the unit precludes expanding the width 
of the existing parkway, and therefore legislation is required 
to effect this boundary change. The proposed acquisition is 
necessary to acquire the single location along the parkway 
where development could impact the view from the road. The bill 
also provides for transfer to the county of an existing sewer 
line which serves park inholders. This provision would 
eliminate NPS responsibility for this non-park use and allow 
private property owners to be served.
    Shenandoah Valley Civil War Battlefields. In 1990, Congress 
enacted the Civil War Sites Study Act (section 1204 of Public 
Law 101-628). That law directed the Secretary of the Interior 
to prepare a study of Civil War sites within the Shenandoah 
Valley in Virginia. The study was completed in September of 
1992 and transmitted to Congress in the summer of 1993.
    The study notes that ``the battlefields identified in this 
study collectively appear to meet criteria for national 
significance. The study shows that the Shenandoah Valley 
represents a unique geographic and historic resource: that it 
possesses tremendous scenic beauty and exceptional potential 
for interpreting aspects of the Civil War that are currently 
not represented in the National Park System; * * * and that 
many portions of the Valley retain a high degree of historic, 
rural, and scenic integrity.''
    Until recently, most of the Shenandoah Valley had remained 
in the same type of agricultural use since the Civil War. 
However, increasing development within the valley has begun to 
threaten the integrity of many of the key battlefield sites. 
H.R. 1091 would protect many of these through authorization of 
a unit of the National Park System, while encouraging 
partnerships with local governments, the Commonwealth, private 
landowners, and other interested entities to protect the 
historical resources of the Valley.
    Cumberland Gap National Historical Park. When Cumberland 
Gap National Historic Park was authorized in 1940, it was 
authorized to include an unspecified 50,000-acre area in four 
countries in three different States. While the park currently 
consists of about 20,300 acres, a legislative boundary for the 
park has never been established. The 1940 Act also precludes 
the use of appropriated funds for the purpose of adding lands 
to the park. Therefore, unless special legislation is enacted, 
as has happened twice in the history of the park, lands may 
only be added to the park by donation. Donation is not always a 
feasible manner in which to preserve lands needed for park 
purposes.

                            Committee Action

    H.R. 1091 was introduced on March 1, 1995, by Congressman 
Bliley. The bill was referred to the Committee on Resources, 
and within the Committee to the Subcommittee on National Parks, 
Forests and Lands. On March 9, 1995, the Subcommittee held a 
hearing on H.R. 1091, where Federal, State and local elected 
officials testified in support of the bill. On March 29, 1995, 
the Subcommittee met to mark up H.R. 1091. An amendment in the 
nature of a substitute was offered by Congressman Hansen. 
Congressman Richardson offered an amendment to strike the 
modification of the boundary of the Shenandoah National Park; 
the amendment was defeated by voice vote. Congressman 
Richardson offered an amendment to retain the existing boundary 
for the Richmond National Battlefield Park and strike the 
authority to condemn land for the park using donated funds; 
this amendment was defeated on a rollcall vote of 6-11, as 
follows:

----------------------------------------------------------------------------------------------------------------
         Members              Yea       Nay     Present           Members              Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Hansen, Chairman.....  ........        X   ........  Mr. Richardson...........        X   ........  ........
Mr. Duncan...............  ........  ........  ........  Mr. Rahall...............        X   ........  ........
Mr. Hefley...............  ........        X   ........  Mr. Vento................        X   ........  ........
Mr. Doolittle............  ........        X   ........  Mr. Kildee...............        X   ........  ........
Mr. Allard...............  ........        X   ........  Mr. Williams.............  ........  ........  ........
Mr. Pombo................  ........        X   ........  Mr. Faleomavaega.........        X   ........  ........
Mr. Torkildsen...........  ........  ........  ........  Mr. Studds...............  ........  ........  ........
Mr. Hayworth.............  ........        X   ........  Mr. Romero-Barcelo.......  ........  ........  ........
Mrs. Cubin...............  ........        X   ........  Mr. Deal.................  ........  ........  ........
Mr. Cooley...............  ........        X   ........  Mr. Hinchey..............        X   ........  ........
Mrs. Chenoweth...........  ........        X   ........  Mr. Underwood............  ........  ........  ........
Mrs. Smith...............  ........        X   ........                                                         
Mr. Radanovich...........  ........  ........  ........                                                         
Mr. Shadegg..............  ........        X   ........                                                         
----------------------------------------------------------------------------------------------------------------

    Congressman Richardson offered a third amendment to strike 
the establishment of the Shenandoah Valley Battlefields 
Partnership Act of 1995, which was defeated on a rollcall vote 
of 2-14-2, as follows:

----------------------------------------------------------------------------------------------------------------
         Members              Yea       Nay     Present           Members             Yea       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Hansen, Chairman.....  ........        X   ........  Mr. Richardson..........        X   ........  .........
Mr. Duncan...............  ........  ........  ........  Mr. Rahall..............  ........        X   .........
Mr. Hefley...............  ........        X   ........  Mr. Mr. Vento...........  ........  ........         X 
Mr. Doolittle............  ........        X   ........  Mr. Kildee..............  ........  ........         X 
Mr. Allard...............  ........        X   ........  Mr. Williams............  ........  ........  .........
Mr. Pombo................  ........        X   ........  Mr. Faleomavaega........  ........        X   .........
Mr. Torkildsen...........  ........        X   ........  Mr. Studds..............  ........  ........  .........
Mr. Hayworth.............  ........        X   ........  Mr. Romero-Barcelo......  ........  ........  .........
Mrs. Cubin...............  ........        X   ........  Mr. Deal................  ........  ........  .........
Mr. Cooley...............  ........        X   ........  Mr. Hinchey.............        X   ........  .........
Mrs. Chenoweth...........  ........        X   ........  Mr. Underwood...........  ........  ........  .........
Mrs. Smith...............  ........        X   ........                                                         
Mr. Radanovich...........  ........  ........  ........                                                         
Mr. Shadegg..............  ........        X   ........                                                         
----------------------------------------------------------------------------------------------------------------

    The Hansen amendment in the nature of a substitute was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the Full Committee in the presence of a 
quorum.
    On June 14, 1995, the Full Resources Committee met to 
consider H.R. 1091. An amendment in the nature of a substitute 
was offered by Congressman Hansen. Congressman Richardson 
offered an amendment to delete portions of the substitute 
pertaining to Richmond National Battlefield Park and Shenandoah 
National Park. The amendment failed on a rollcall vote of 12-19 
as follows:

----------------------------------------------------------------------------------------------------------------
         Members             Yeas      Nays     Present           Members             Yeas      Nays     Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman).....  ........  ........  ........  Mr. Miller...............        X   ........  ........
Mr. Hansen...............  ........        X   ........  Mr. Rahall...............  ........  ........  ........
Mr. Saxton...............  ........        X   ........  Mr. Vento................  ........  ........  ........
Mr. Gallegly.............  ........  ........  ........  Mr. Kildee...............        X   ........  ........
Mr. Duncan...............  ........        X   ........  Mr. Williams.............        X   ........  ........
Mr. Hefley...............  ........        X   ........  Mr. Gejdenson............        X   ........  ........
Mr. Doolittle............  ........        X   ........  Mr. Richardson...........        X   ........  ........
Mr. Allard...............  ........        X   ........  Mr. DeFazio..............  ........  ........  ........
Mr. Gilchrest............  ........  ........  ........  Mr. Faleomavaega.........  ........  ........  ........
Mr. Calvert..............  ........        X   ........  Mr. Johnson..............        X   ........  ........
Mr. Pombo................  ........        X   ........  Mr. Abercrombie..........        X   ........  ........
Mr. Torkildsen...........  ........        X   ........  Mr. Studds...............        X   ........  ........
Mr. Hayworth.............  ........        X   ........  Mr. Tauzin...............  ........  ........  ........
Mr. Cremeans.............  ........        X   ........  Mr. Ortiz................  ........  ........  ........
Mrs. Cubin...............  ........  ........  ........  Mr. Pickett..............  ........        X   ........
Mr. Cooley...............  ........        X   ........  Mr. Pallone..............        X   ........  ........
Mrs. Chenoweth...........  ........        X   ........  Mr. Dooley...............        X   ........  ........
Mrs. Smith...............  ........        X   ........  Mr. Romero-Barcelo.......  ........  ........  ........
Mr. Radanovich...........  ........        X   ........  Mr. Hinchey..............  ........  ........  ........
Mr. Jones................  ........  ........  ........  Mr. Underwood............        X   ........  ........
Mr. Thornberry...........  ........  ........  ........  Mr. Farr.................        X   ........  ........
Mr. Hastings.............  ........        X   ........                                                         
Mr. Metcalf..............  ........  ........  ........                                                         
Mr. Longley..............  ........  ........  ........                                                         
Mr. Shadegg..............  ........        X   ........                                                         
Mr. Ensign...............  ........        X   ........                                                         
----------------------------------------------------------------------------------------------------------------

    Congressman Miller of California offered an amendment to 
change title IV of the bill from an authorization of a new park 
to a heritage area. This amendment was defeated by voice vote.
    Congressman Pombo offered an amendment to limit the 
authority of the Secretary to acquire a 15-acre parcel for 
addition to Colonial National Historical Park to donation or 
exchange only. The amendment was agreed to on a rollcall of 17-
14 as follows:

----------------------------------------------------------------------------------------------------------------
          Members              Yeas     Nays    Present            Members              Yeas     Nays    Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman).......  .......  .......  ........  Mr. Miller.................  .......  .......  ........
Mr. Hansen.................        X  .......  ........  Mr. Rahall.................  .......  .......  ........
Mr. Saxton.................  .......        X  ........  Mr. Vento..................  .......  .......  ........
Mr. Gallegly...............  .......  .......  ........  Mr. Kildee.................  .......        X  ........
Mr. Duncan.................        X  .......  ........  Mr. Williams...............  .......        X  ........
Mr. Hefley.................  .......        X  ........  Mr. Gejdenson..............  .......  .......  ........
Mr. Doolittle..............        X  .......  ........  Mr. Richardson.............  .......        X  ........
Mr. Allard.................        X  .......  ........  Mr. DeFazio................  .......  .......  ........
Mr. Gilchrest..............  .......  .......  ........  Mr. Faleomavaega...........  .......  .......  ........
Mr. Calvert................        X  .......  ........  Mr. Johnson................  .......  .......  ........
Mr. Pombo..................        X  .......  ........  Mr. Abercrombie............  .......        X  ........
Mr. Torkildsen.............  .......        X  ........  Mr. Studds.................  .......  .......  ........
Mr. Hayworth...............        X  .......  ........  Mr. Tauzin.................        X  .......  ........
Mr. Cremeans...............        X  .......  ........  Mr. Ortiz..................  .......  .......  ........
Mrs. Cubin.................        X  .......  ........  Mr. Pickett................  .......        X  ........
Mr. Cooley.................        X  .......  ........  Mr. Pallone................  .......        X  ........
Mrs. Chenoweth.............        X  .......  ........  Mr. Dooley.................  .......        X  ........
Mrs. Smith.................        X  .......  ........  Mr. Romero-Barcelo.........  .......        X  ........
Mr. Radanovich.............  .......  .......  ........  Mr. Hinchey................  .......  .......  ........
Mr. Jones..................  .......  .......  ........  Mr. Underwood..............  .......        X  ........
Mr. Thornberry.............  .......  .......  ........  Mr. Farr...................  .......        X  ........
Mr. Hastings...............        X  .......  ........                                                         
Mr. Metcalf................        X  .......  ........                                                         
Mr. Longley................  .......        X  ........                                                         
Mr. Shadegg................        X  .......  ........                                                         
Mr. Ensign.................        X  .......  ........                                                         
----------------------------------------------------------------------------------------------------------------

    The Hansen amendment in the nature of a substitute, as 
amended, was adopted by voice vote, and the bill as amended was 
then ordered favorably reported by voice vote to the House of 
Representatives in the presence of a quorum.

                      Section-by-Section Analysis

                 title I--richmond national battlefield

Section 101. Modification of boundary

    Section 101 provides a new boundary for Richmond National 
Battlefield Park. The current authorized boundary of nearly 
250,000 acres contains substantial lands with no relationship 
to the purposes for which Richmond National Battlefield Park 
was established. The Committee heard testimony about how these 
unrealistic park boundaries have caused uncertainty for local 
citizens and governments. The newly authorized park boundary 
consists of a total of nearly 1700 acres, more than double the 
current area administered by the Secretary of the Interior. The 
Secretary would be authorized to accept approximately 907 acres 
through donation of four separate tracts of land in Henrico and 
Hanover Counties.
    The Committee understands that the NPS is currently 
conducting a general management plan for the park which 
includes a review of the existing park boundary. The Committee 
believes that the NPS should complete that study. In fact, the 
bill directs the NPS to work with the Commonwealth, local 
governments and private property owners to develop alternatives 
for protection of the New Market Battlefield.
    If further boundary modifications are warranted based on 
the results of ongoing studies, they would be considered at a 
later date. However, the Committee strongly believes that 
further modifications to the boundary at Richmond National 
Battlefield Park should be made through the congressional 
process rather than by the park superintendent.

Section 102. Repeal of provision regarding property acquisition

    Section 102 conforms the original park establishment 
legislation to the newly authorized park boundary.

Section 103. Administration

    Section 103 clarifies that Richmond National Battlefield 
Park is to be managed in accord with the Historic Sites Act of 
1935.

                   title ii--shenandoah national park

Section 201. Modification of boundary

    Section 201 provides for establishment of a new boundary 
for Shenandoah National Park. The Shenandoah National Park 
boundary of 521,000 acres was authorized in 1926. The Federal 
Government currently administers only about 196,500 acres 
within the authorized boundary. In the 70 years since the park 
boundary was established, many of the lands within the original 
boundary have been developed, making them no longer suitable 
for inclusion in the park. In addition, the existence of the 
larger park boundary has led to considerable uncertainty on 
behalf of park neighbors with respect to the future of their 
private property. The Committee is aware of no serious support 
for retaining the 521,000-acre park boundary.
    The Committee did not receive any testimony that the 
current lands administered by the NPS are inadequate to achieve 
the purposes of the park. The Committee is aware that the NPS 
is currently conducting a review of whether additional lands 
should be added to the park. However, based on past history, it 
appears that it will be many years before a consensus is 
achieved on any new park boundary. The Committee strongly 
believes that future boundary modifications should be made at 
this park through the congressional process, rather than by the 
superintendent.
    Section 201(b) provide authority to make future minor 
boundary adjustments to ensure continued public access to 
Shenandoah National Park at existing trailheads.
    All minor boundary adjustments accomplished pursuant to 
this authority shall be by donation. Further, it is the intent 
of the Committee that such boundary adjustments only be pursued 
if there are no other practicable alternatives. If providing 
additional needed parking on existing Federal lands is a 
feasible solution to overcrowding of parking lots, such a 
solution must be pursued prior to adding to any additional land 
to the park.
    The Committee is aware that park visitor use is having 
negative impacts on communities and private property owners 
adjacent to the park. This is particularly true at Old Rag 
Mountain. The Committee intends for the NPS to aggressively 
pursue resolution to these concerns through efforts including 
but not limited to: providing adequate and appropriately sited 
parking, increased staffing during peak visitation times, 
providing adequate public sanitation, redirecting visitors to 
less congested trailheads and working with local jurisdictions 
to manage illegal parking.

Section 202. Requirement of transfer of county road corridors

    Section 202 provides for the transfer, without 
consideration, of 19 road corridors from the Federal government 
to the Commonwealth of Virginia. These roads were originally 
donated by the Commonwealth to the Federal Government, but are 
currently managed by the Commonwealth under permit. The 
Committee believes that direct ownership and management of 
these lands by the Commonwealth would best serve the interests 
of the local users, and therefore supports this transfer. The 
Committee supports the transfer of a road corridor of 50 feet 
in width to permit essential maintenance and safety 
modification of the roads. It is the understanding of the 
Committee that this provision will transfer a total of about 16 
acres from the Federal Government to the Commonwealth.

              title iii--colonial national historical park
Section 301. Modification of boundary

    Section 301 provides for a modification of the boundary at 
Colonial National Historical Park order to acquire 
approximately 20 acres in the Page Landing Development 
immediately adjoining the Colonial Parkway. This land is 
currently owned by the Conservation Fund.
    Colonial National Historical Park consists of Jamestown, 
site of the 1607 English colony; Yorktown, site of the British 
surrender that marked the end of the American Revolution; and 
the 23 mile long Colonial Parkway that links those two sites 
and Colonial Williamsburg. The Colonial Parkway, built in the 
1930's, winds through the Virginia tidewater and provides a 
scenic route designed to enhance the visitor's experience and 
to highlight the natural surrounding the early colonists found.
    In most areas of the parkway, the NPS owns a 500-foot wide 
corridor, 250 feet on either side of the centerline. In one 
area, it only owns a 200-foot wide corridor which recently has 
been threatened with residential development. If housing 
developed on this tract, there would be some impact on the 
vistas from the road. The land in question was identified in 
the park's General Management Plan as appropriate for 
acquisition. The bill provides that these lands may only be 
added to the park by donation or exchange.

Section 302. Transfer of sewage disposal system and rights-of-way

    Section 302 transfer a sewage disposal system from the NPS 
to York County, Virginia. In 1948 and 1956 Congress directed 
the NPS to construct two sewer systems, in Yorktown and to the 
Moore House, part of Colonial National Park. The 1948 law 
directed that a fair and reasonable proportionate share of the 
cost of construction and of the annual cost incidental to its 
maintenance and operation be charged to the private owners. The 
1956 Department View justified the action because of the 
increased needs and ``extenuating circumstances'' associated 
with the 350th anniversary celebration of the founding of 
Jamestown but stated ``this Department is reluctant to become 
further involved in the operation and maintenance of public 
utilities in the Yorktown areas.'' The NPS constructed and 
operated the two lines until 1986 when maintenance (and use 
fees) were transferred to York County. There are 36 private 
residences on the Moore House sewer line. York County estimates 
that rehabilitation of the line would cost $203,000 and has 
passed a resolution that it would not accept the line without 
sure rehabilitation.
    Section 302(a) authorizes the Secretary to transfer without 
reimbursement that portion of the existing sewage disposal 
system located within the Colonial National Historical Park to 
York County, Virginia.
    Section 302(b) authorizes the Secretary to enter into a 
cooperative agreement to pay a portion of the costs of repair 
and rehabilitation of the sewage disposal system not to exceed 
$110,000. The total estimated cost of the upgrade is $203,000. 
The Committee believes this cost sharing equitable given the 
public and private uses of the sewage disposal system.
    Section 302(c) provides that the cooperative agreement with 
York County, Virginia, will provide for a reduction in, or 
elimination of, the amounts charged to the NPS for its sewage 
disposal. It directs that the cooperative agreement shall 
provide for minimizing the impact of the sewage disposal system 
on the park and its resources, and that it shall not be 
enlarged or substantially altered without NPS concurrence. The 
reduction or elimination in the fees charged to the National 
Park System is in compensation for access being given to park 
land for purposes that are partially private. The language in 
this section in no way precludes normal maintenance and repair 
activities.

Section 303. Authorization of appropriations

    This section authorizes appropriations of such sums as may 
be necessary.

                Title IV--Shenandoah Valley Battlefields

Section 401. Short title

    Section 401 provides that this title can be cited as the 
``Shenandoah Valley Battlefields Partnership Act of 1995''.

Section 402. Congressional findings

    This section provides findings for the title.

Section 403. Statement of purpose

    This section provides a purpose for the title.

Section 404. Definitions

    This section defines ``battlefield'', ``commission'', 
``historic core'', ``historic park'', ``plan'', ``report'', 
``Secretary'', and ``Shenandoah Valley''.

Section 405. Shenandoah Valley Battlefields National Historic Park

    This section authorizes the establishment of Shenandoah 
Valley Battlefields National Historic Park. In 1992, the NPS 
completed a study of the important Civil War engagements which 
occurred in the Shenandoah Valley in the Commonwealth of 
Virginia. The NPS study found these battlefields to be 
nationally significant, and found that they were a suitable and 
feasible addition of the NPS.
    The NPS found that there were 15 primary battlefields 
dating from Stonewall Jackson's 1862 Valley Campaign and 
General Sheridan's 1864 campaign. Of the 85,000 acres within 
the battlefields, approximately 29,000 acres comprise the 
historic core areas consisting of the primary areas of armed 
conflict.
    Despite the significance of these resources, the Committee 
is generally concerned about establishing new units of the NPS, 
at a time when the agency lacks funds necessary to carry out 
its mission of resource management and visitor services at 
existing park areas. Therefore, the Committee has adopted an 
approach which requires a partnership among all levels of 
government, and the private sector, to ensure adequate 
preservation of these important resources in the Shenandoah 
Valley.
    Upon enactment of the legislation, the Secretary would be 
directed to open an administrative office and visitor contact 
point in the Shenandoah Valley, however the park would not be 
established until local and private interests have combined to 
ensure the long term protection of one or more of the 
battlefield core areas.
    Section 405(b) provides that the park would not be 
established until the Secretary finds that one or more of the 
historic core areas is adequately protected. The number of 
historic core areas which could ultimately be included in the 
park would be determined by the Secretary.
    Section 405(c) provides that once established, the area 
shall be administered as a unit of the National Park System.
    Section 405(d) specifies the manner in which lands can be 
added to the park. The Secretary may accept donations of land 
only from private property owners. In the spirit of cooperation 
envisioned under this legislation, other public lands will 
remain the responsibility of other levels of government. The 
Secretary's acquisition authority is limited to willing sellers 
only, and can only be exercised when uses are being considered 
which would have a significant adverse impact on park values. 
Only $2 million is authorized for Federal land acquisition, 
since the approach envisioned for protection of resource values 
at this park indicates a very limited role for Federal 
acquisition.

Section 406. Shenandoah Valley Battlefields Plan

    Section 406 provides for the preparation of the Shenandoah 
Valley Battlefield Plan. The key provisions in this plan 
provide for: (1) determining an adequate level of protection to 
ensure the long term preservation of any historic core area and 
(2) core areas are appropriate for administration by the 
Secretary.

Section 407. Cooperative agreements

    Section 407 provides for the Secretary to enter into 
cooperative agreements to advance the purposes of the plan 
prepared subject to section 406. The Committee encourages the 
use of such agreements to reduce the costs of plan 
implementation.

Section 408. Technical Assistance Program

    Section 408 provides for the Secretary to provide technical 
and financial assistance to further the purposes of the plan. 
The Committee envisions less use of this authority than 
cooperative agreements and has only provided a $500,000 ceiling 
under this authority.

Section 409. Shenandoah Valley Battlefields Commission

    Section 409 provides for the establishment of the 
Shenandoah Valley Battlefield Commission. The primary duty of 
the 19-member commission is the preparation of the plan. The 
commission shall terminate 45 days after the plan is approved 
by the Secretary.

Section 410. Duties of the Commission

    This section provides the duties for the Commission, which 
include the preparation of the plan and draft plan under 
section 406, advise the Secretary regarding the battlefields, 
assist the Commonwealth of Virginia, take appropriation action 
to encourage protection of the battlefields by landowners, 
local governments, organizations, and businesses.

Section 411. Termination of inclusion in historic park

    Section 411 provides a process for de-authorization of any 
historic core, if the Secretary determines that it is no longer 
adequately protected. The long term preservation of historic 
core areas to be included in this park is likely to rely to 
some degree on the efforts of park partners. The Committee has 
no reason to expect that potential cooperators will not be just 
as protective of resource values as the Federal Government. 
However, if the historic core area is altered to the point 
where its integrity is no longer protected, the Secretary would 
be authorized to revise the park boundary accordingly.

Section 412. Authorization of appropriations

    Section 412 provides for the authorization of funding to 
carry out the purposes of the Act.

            Title V--Cumberland Gap National Historical Park

Section 501. Addition of lands

    Section 501 provides for the acquisition of land at two 
trailheads at Cumberland Gap National Historical Park. A total 
of 10 acres is authorized for acquisition to ensure the 
opportunity for continued public access to the Virginia portion 
of this park.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(l) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1091 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1091 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1091.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1091 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 5, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1091, a bill to improve the National Park System 
in the Commonwealth of Virginia, as ordered reported by the 
House Committee on Resources on June 14, 1995. Assuming 
appropriation of the necessary amounts, we estimate that 
implementing this bill would cost the federal government $2.1 
million over the next four years (including new annual 
operating costs between $0.1 million and $0.2 million beginning 
in 1996). Depending on the outcome of plans developed under 
Title IV, and depending on the appropriation of the necessary 
amounts, discretionary spending would increase after 1999 by 
$3.5 million and $7.5 million to acquire and develop new park 
resources, and by $0.2 million to $1 million per year to manage 
those new resources. H.R. 1091 would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply.
    Bill Purpose. H.R. 1091 would adjust the boundaries of four 
national parks. In conjunction with each boundary modification, 
the bill would amend the existing authority of the National 
Park Service (NPS) to acquire and/or convey land and other 
property. The affected parks are:
    Richmond National Battlefield Park and Shenandoah National 
Park: The bill would limit the size of these parks to the 
number of acres already in federal ownership, plus (for 
Richmond) four new tracts currently scheduled to be donated to 
the NPS under existing authority. For both parks, the bill 
would repeal or restrict the agency's existing acquisition 
authority. In addition, Title II would direct the Secretary of 
the Interior to transfer (without reimbursement) to Virginia 
several county road corridors that the commonwealth had 
previously donated to the federal government.
    Colonial National Historical Park: Title III would 
authorize the NPS to include within the park a 20-acre strip of 
land along the Colonial Parkway. The agency could only acquire 
the property by donation. This title also would authorize the 
NPS to transfer (without reimbursement) to York County a 
portion of a sewage disposal system located within the park. 
Section 302 would authorize the agency to contribute up to 
$110,000 toward the cost of rehabilitating the system.
    Cumberland Gap National Historical Park: Title V would 
authorize the NPS to purchase or otherwise acquire up to 10 
acres of land in Virginia and Tennessee, which would then be 
added to the historical park.
    Finally, Title IV would authorize the Secretary of the 
Interior to establish the Shenandoah Valley Battlefields 
National Historic Park. This title would create a Shenandoah 
Valley Battlefields Commission, which would have three years to 
develop a management plan for significant Civil War 
battlefields in Virginia. The plan would identify appropriate 
partnerships between the NPS and other organizations that could 
be used to limit the federal government's role in managing some 
or all of the battlefields. Within this context, the commission 
would: (1) identify historic core areas of battlefields 
appropriate for federal administration, (2) determine the level 
of protection needed to ensure long-term preservation of those 
areas, and (3) recommend measures to facilitate such 
preservation, including conservation easements, local zoning, 
and private involvement. Pending completion of the commission's 
plan, federal involvement to protect and interpret the 
battlefields would be limited to operating a visitor contact 
center and administrative office, which the NPS would establish 
soon after the bill is enacted. Once the plan has been 
completed, the NPS would determine which if any of 15 historic 
core sites warrant direct federal management. Upon acquiring an 
interest in one or more historic cores, the agency would 
establish the national park. Title IV would authorize the NPS 
to acquire land within the park by donation and (when necessary 
to protect the historic integrity of resources) purchase from 
willing sellers. Other provisions of this title would authorize 
the NPS to provide technical and financial assistance to local 
property owners, government agencies, and other interested 
parties.
    Section 412 would authorize appropriations to carry out 
Title IV, including: (1) $2 million for land acquisition, (2) 
$5 million for park development, (3) $0.5 million for local 
assistance, and (4) $0.25 million annually for commission 
expenses.
    Costs to the Federal Government. The cost estimate has 
three components. First, CBO estimates that the NPS and the 
battlefields commission would spend a total of about $1.3 
million over the next four years to prepare the battlefields 
plan and complete other needed studies and reports. Other one-
time costs of implementing Title IV would depend on the 
battlefields plan, which would probably not be finalized until 
1999. If no national park is established at the time, further 
federal investment probably would be limited to the $0.5 
million authorized for local assistance (some of which might be 
spent before 1999). If, on the other hand, at least one of the 
15 sites becomes a national park, we estimate that the NPS 
would spend an additional $3 million to $5 million to construct 
a permanent visitor center and develop interpretive programs. 
Land acquisition costs would range from none to $2 million, 
depending on the number (if any) of privately owned sites that 
would have to be purchased. Most spending for these purposes 
would occur after fiscal year 1999.
    Second, the NPS would spend $.06 million during the 1996-
1999 period to establish and operate a leased administrative 
office and visitor contact station in the Shenandoah Valley. 
Operating costs in later years would depend on whether a 
national park is established and on the number and acreage of 
sites therein. Annual spending would range from $0.2 million 
(to continue operating an administrative office, in the event 
that no park is established) to more than $3 million (to 
operate all 15 sites). Because CBO believes that the park would 
comprise no more than a few sites, we estimate that operating 
costs would probably be less than $1 million per year.
    Third, implementing Titles III and V of H.R. 1091 would 
cost about $0.2 million, assuming appropriation of the 
necessary sums. Of this amount, about half would be paid to 
York County for sewer rehabilitation in 1996 and the rest would 
be used to purchase land at Cumberland Gap over the next year 
or two.
    For purposes of these estimates, CBO has assumed that H.R. 
1091 will be enacted late in fiscal year 1995 and that the 
necessary amounts will be appropriated as needed over the 
following fiscal years. All estimates were developed on the 
basis of information provided by the NPS, local organizations, 
and property owners.
    Enactment of this bill would have no impact on the budgets 
of states or local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Paul Van de Water
                                   (For June E. O'Neill, Director).
                          Departmental Reports

    The Committee received the following departmental report on 
H.R. 1091.

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                      Washington, DC, May 22, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: In the near future the Committee on 
Resources will mark up H.R. 1091, a bill concerning various 
national parks in the Commonwealth of Virginia. We have serious 
concerns regarding H.R. 1091 and request that the bill be 
amended as discussed below.

              title i: richmond national battlefield park

    Title I would modify the boundary and limit the size of the 
Richmond National Battlefield Park (RNBP) to the land the 
National Park Service currently owns and to four parcels which 
are in the process of being donated to RNBP. Current 
authorities to acquire land by donation or by purchase using 
donated funds and the RNBP's eminent domain authority would be 
eliminated. Any future acquisition would require Congressional 
action and approval. We oppose enactment of Title I because it 
would unduly restrict our ability to protect the integrity of 
sites currently a part of the RNBP and would prevent us from 
even accepting as a donation other sites with significant 
resources that are currently unprotected. We request that the 
Congress defer action on this title for 6 months so we can 
complete our planning process and provide the Congress a 
recommendation for a revised boundary based on a plan that will 
have been subject to public review and comment.
    Richmond National Battlefield Park's enabling legislation 
allowed the Secretary of the Interior to assemble lands, 
structures, or other properties in the military battlefield 
area within 5 miles of the city limits of Richmond (an area of 
approximately 350 square miles in size) to create the RNBP. 
When established in 1936, most of the lands and resources 
associated with the RNBP were located outside the city's 
suburban perimeter, were relatively well-protected and did not 
face development pressures. During the last 20 years extensive 
population growth expanding development throughout the Richmond 
area threatens these sites.
    As mandated by Congress, the National Park Service has been 
involved in a planning process to determine the significant 
resources associated with the RNBP and how best to protest 
those resources. We currently are in the final stages of this 
process. We have determined that the military battlefield area 
encompasses approximately 32,000 acres, of which about 6,000 
acres meet the criteria for addition to the National Park 
System. Public meetings, scheduled for this summer, will 
discuss protection alternatives, including proposals for State, 
local and private involvement.
    We would support amendments to the RNBP's enabling 
legislation to modify the language that defines the area in 
which land may be acquired for the RNBP. Revised language 
should take into consideration the resources associated with 
the Battlefield and the original purposes for its 
establishment. A more definitive limitation would be welcome 
but it should be based on sound research regarding the extent 
and the integrity of the resources at RNBP, not just their 
current availability.

                   title ii: shenandoah national park

    Title II has two parts. The first part, Section 201, would 
modify the boundary of Shenandoah National Park to include only 
those lands currently in Federal ownership but would permit 
minor boundary adjustments to improve public access points to 
the park. It would also define the circumstances under which 
land could be acquired to resolve public access problems. We 
oppose the enactment of Section 201 as currently written and 
recommended that this section be modified.
    We clearly understand the need to modify the legislated 
boundary within which land can be acquired (only through 
donation) for Shenandoah National Park. However, limiting the 
National Park Service's ability to acquire land only to minor 
boundary adjustments that resolve public access problems is 
inadequate. Shenandoah National Park is surrounded by 
development that is not always harmonious with the natural 
systems of the park. New development is occurring on all sides 
of the park. There are resources not currently a part of the 
park that have natural and cultural significance that should 
possibly be included in the park. Limiting the National Park 
Service's ability to modify the boundary of the park to resolve 
access problems can compromise the integrity of those resources 
and the purpose for which Shenandoah National Park was 
established. Further, it would affect the ability of those 
individuals who have already made provisions to donate land to 
the park or may desire to in the future.
    We are currently involved in a related-lands study which 
will determine those areas adjacent to the park that have 
significant value and might be suitable for inclusion in the 
park. The study will also address those areas within the 
legislated boundary that are not appropriate for possible 
inclusion. This study will be completed in the next 2 years. 
After the study is completed we can then prepare a 
recommendation for a boundary modification. We request that the 
Congress defer action on a boundary modification until that 
recommendation is completed. If congressional action is 
essential at this time, we recommend that the enabling 
legislation be amended to limit the ability of the park to 
acquire land through donation only in situations that satisfy 
the restrictions stated in Section 201(B).
    Part two (Section 202) would transfer a group of secondary 
road segments from the National Park Service to the 
Commonwealth of Virginia. We do not object to the transfer of 
the road corridors as they currently exist. However, we do 
object to the transfer of 50-foot wide corridors in addition to 
the existing road corridors. We recognize that the purpose of 
transferring these roads is to ensure the continued upkeep and 
maintenance and, where necessary for safety reasons, the 
upgrading of the existing road prisms. However, the goal should 
be to maintain the roads as they are currently used, not to 
create wider road corridors that would change the nature of the 
park.
    These roads are adjacent to, or in some instances cross 
through, the park. Many significant resources, both natural 
(e.g. streams), and in some instances cultural (e.g. Civil War 
sites), are adjacent to the roads and would be within the 50-
foot corridors. Although maintenance of the current secondary 
roads is compatible with the park, significant expansion of the 
roads into the 50-foot corridors would have a negative impact 
on park resources and would change the nature of the roads and 
the character of the park in their vicinity.

              title iii: colonial national historical park

    Title III provides for a boundary modification at Colonial 
National Historical Park and for a transfer of existing sewage 
treatment systems from the National Park Service to York 
County, Virginia. We support enactment of this title and 
recommend that it be removed from H.R. 1091 and reported as an 
independent bill. It would resolve a number of problems at 
Colonial and will improve management of the park. A similar 
bill has been reported out of the Senate Committee on Energy 
and Natural Resources.

                title iv: shenandoah valley battlefields

    Title IV would establish a new unit of the National Park 
System, the Shenandoah Valley Battlefields National Historical 
Park. The National Park Service recognizes that many of the 
resources in the Shenandoah Valley are significant and deserve 
some kind of protection. However, we do not feel that the bill 
as drafted will protect them adequately as a national park. We 
recognize that many people in the Shenandoah Valley support the 
idea of a national park. The idea of creating a national park 
in the valley is one of five alternatives the National Park 
Service studied. In our study we recommended instead that the 
National Park Service ``play a role in planning and 
interpretation within a Partnership Park or National Heritage 
Corridor framework.''
    As currently drafted, the bill would set up the heritage 
corridor concept, but then create a national park unit that 
would be administered as are other units of the system. We 
believe the Shenandoah Valley should be a national heritage 
area and not a unit of the National Park System. Two similar 
bills, H.R. 1280 and H.R. 1301, would create a national 
heritage system. Both bills would establish a mechanism for 
nationally recognizing and assisting in the protection of 
resources such as those in the Shenandoah Valley. We believe 
that heritage area designation would be a more appropriate way 
to bring together the resources of the National Park Service 
with those of the State and local governments and the private 
sector to develop strategies to protect and interpret resources 
on predominantly non-Federal lands. This would give citizens 
within the heritage area the long-term responsibility to 
implement and carry out the plans to protect those resources 
and build on those plans as integral parts of the community's 
future growth and development.
    Given the scattered location of the sites, the small 
acreage of the sites, and the fact that the long-term 
protection of the sites and their integrity will be dependent 
on local and private land-use decisions outside the control of 
the National Park Service, we believe that the appropriate 
mechanism for recognizing and protecting the resources of the 
Shenandoah Valley is through a national heritage area 
designation. To justify the description of national 
significance, a protected area must be sufficiently large to 
encompass the full experience of the historical events giving 
rise to the site. Without full land-use controls of adjacent 
private lands, and arising from enforceable planning and 
zoning, many of the areas contemplated for inclusion in a park 
would not be of national significance.
    The National Park Service faces serious challenges as the 
protector of the Nation's significant natural and cultural 
resources. When park units were established in the 1930's the 
development pressures were very different than those of today. 
The purposes for which parks were established and the values 
that they were designed to protect and preserve are as real 
today as they were then. We request that H.R. 1091 be amended 
to reflect our concerns or that action be deferred until such 
time that the National Park Service can make recommendations on 
park boundaries based on planning decisions that consider the 
parks' integrity and long-term protection. We also ask that you 
consider designating the Shenandoah Valley Battlefields as a 
national heritage area to assist State, local and private 
efforts in the protection and interpretation of such areas 
where these resources are best protected through a partnership 
strongly dependent on local initiative and decision making.
    The Office of Management and Budget has advised that there 
is no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                   George T. Frampton, Jr.,
               Assistant Secretary for Fish and Wildlife and Parks.
         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                          ACT OF MARCH 2, 1936

   AN ACT To provide for the establishment of the Richmond National 
   Battlefield Park, in the State of Virginia, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That when 
title to all such lands, structures, and other property in the 
military battlefield area or areas in the city of Richmond, 
Virginia, or within five miles of the city limits of said city 
or within five miles of the boundary of the present Richmond 
Battlefield State Park, as shall be designated by the Secretary 
of the Interior, in the exercise of his discretion as necessary 
or desirable for national battlefield park purposes, shall have 
been vested in the United States, such area or areas shall be, 
and they are hereby, established, dedicated, and set apart as a 
public park for the benefit and inspiration of the people and 
shall be known as the ``Richmond National Battlefield Park'': 
Provided, That such area or areas shall include, at least, the 
Richmond Battlefield Parks now belonging to the State of 
Virginia.
    [Sec. 2. That the Secretary of the Interior be, and he is 
hereby, authorized to accept in behalf of the United States 
donations of lands, interest in lands, buildings, structures 
and other property within the boundaries of the said park as 
herein authorized and donations of funds for the purchase and/
or maintenance thereof, the title and evidence of title to 
lands purchased or otherwise acquired to be satisfactory to the 
Secretary of the Interior: Provided, That he may acquire on 
behalf of the United States out of any donated funds, by 
purchase at prices deemed by him reasonable, or by condemnation 
under the provisions of the Act of August 1, 1888, such tracts 
of land within the said national battlefield park as may be 
necessary for the completion thereof.]
    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 may (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. [3.] 2. The administration, protection, and 
development of the aforesaid national battlefield park shall be 
exercised under the direction of the Secretary of the Interior 
by the National Park Service, subject to the provisions of the 
Act of August 25, 1916, entitled ``An Act to establish a 
National Park Service, and for other purposes'', as amended, 
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467).