[Senate Report 104-389]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-389
_______________________________________________________________________


 
          NATIONAL PARK SYSTEM IN THE COMMONWEALTH OF VIRGINIA

                                _______
                                

               September 30, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1091]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1091) to improve the National Park 
System in the Commonwealth of Virginia, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the Act, 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 FINDINGS AND PURPOSE.

    ``(a) Findings.--The Congress finds that--
          ``(1) in 1936 the Congress established the Richmond National 
        Battlefield Park in and around the City of Richmond, Virginia. 
        The park's boundary was established to permit the inclusion of 
        all military battlefield areas related to the battles fought 
        during the Civil War in defense of and against the City of 
        Richmond. The park originally included the area then known as 
        the Richmond Battlefield State Park;
          ``(2) the total acreage of the area identified in 1936 for 
        consideration for inclusion in the Richmond National 
        Battlefield Park encompasses approximately 225,000 acres in and 
        around the City of Richmond, Virginia. A study undertaken by 
        the Congressionally authorized Civil War Sites Advisory 
        Commission determined that within those 225,000 acres, the 
        historically significant areas in and around Richmond relating 
        to the campaigns against and in defense of Richmond encompass 
        approximately 38,000 acres. The National Park Service, through 
        its general management planning process for Richmond National 
        Battlefield Park, has identified approximately 7,121 acres 
        which satisfy the National Park Service criteria of 
        significance, integrity, feasibility, and suitability for 
        inclusion in Richmond National Battlefield Park.
           ``(3) there is national interest in protecting and 
        preserving sites of historic significance associated with the 
        Civil War and Richmond; and
          ``(4) the Commonwealth of Virginia and its local units of 
        government have authority to prevent or minimize adverse use of 
        these historic resources and can play a significant role in the 
        protection of the historic resources related to the battles of 
        Richmond.
    ``(b) Purposes.--Therefore, it is the purpose of this title:
          ``(1) to establish a revised boundary for the Richmond 
        National Battlefield Park based on the findings of the Civil 
        War Sites Advisory Commission and the National Park Service; 
        and
          ``(2) direct the Secretary of the Interior to work in 
        cooperation with the Commonwealth of Virginia, the City of 
        Richmond and other political subdivisions of the Commonwealth, 
        other public entities, and the private sector in the 
        management, protection, and interpretation of the resources 
        associated with the Civil War and the Battles of Richmond in 
        and around the City of Richmond, Virginia.''

SEC. 102. MODIFICATION OF BOUNDARY.

    Section 2 of the Act of March 2, 1936 (Chapter 113; 49 Stat. 1155), 
is amended to read as follows:
    ``Sec. 2. Boundary.--The boundary of the Richmond National 
Battlefield Park (hereinafter in this Act referred to as the `park' 
shall hereinafter comprise the lands, waters and interests in lands 
therein, comprising approximately 7,121 acres, within the boundary 
generally depicted as ``Park Boundary'' on the map entitled ``Richmond 
National Battlefield Park Boundary Map'', numbered 367-NEFA 80026 and 
dated August, 1996, which shall be on file and available for public 
inspection in the Office of the Director of the National Park Service, 
Department of the Interior.''.

SEC. 103. LAND ACQUISITION.

    The Act of March 7, 1936 (Chapter 113; 49 Stat. 1155), is amended 
by adding a new section 4 as follows:
    ``Section 4. Land Acquisition.--The Secretary is authorized to 
acquire lands and interests in lands within the park's boundary as 
depicted on the map identified in Section 2 by donation, purchase with 
donated or appropriated funds, exchange, or otherwise. Privately owned 
lands or the interests therein may be acquired only with the consent of 
the property owner. In acquiring lands and interests in lands under 
this Act, the Secretary shall acquire the minimum Federal interests 
necessary to achieve the objectives of the park.''.

SEC. 104. PARK MANAGEMENT AND ADMINISTRATION.

    The Act of March 7, 1936 (Chapter 113; 49 Stat. 1155), is amended 
by adding a new section 5 as follows:

``SEC. 5. PARK MANAGEMENT AND ADMINISTRATION.

    ``(a) In administering the park, the Secretary shall interpret, for 
the benefit of visitors to the park and the general public, the Battles 
of Richmond in the larger context of the Civil War and American 
history, including the causes and consequences of the Civil War and the 
effects of the war on all the American people.
    ``(b) The Secretary is directed to work with the Commonwealth of 
Virginia, its political subdivisions, including the City of Richmond, 
private property owners, and the private sector to develop mechanisms 
to protect and interpret the resources identified within the boundary 
as depicted on the map identified in Section 2 of this title. In order 
to carry out this section the Secretary is authorized to enter into 
cooperative agreements with the public and private sectors to carry out 
the purposes of this title, and to find means of protecting and 
interpreting the historic resources for the benefit of present and 
future generations in a manner that would allow for continued private 
ownership and use where compatible with the purposes of the park. The 
Secretary is also authorized to provide technical assistance to 
governmental entities, nonprofit organizations and private property 
owners in the development of comprehensive plans, land use guidelines, 
and other activities which are consistent with conserving the historic, 
cultural, natural, and scenic resources found within the park boundary.

SEC. 105.

    Section 3 of the Act of March 2, 1936 (Chapter 113; 49 Stat. 1156) 
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 
modified to include only those lands and interests in lands that, on 
the day before enactment of this title, 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 
with this title is hereby repealed.
    (b) Boundary Adjustments and Land Acquisition.--
          (1) Minor boundary adjustments.--
                  (A) In general.--The Secretary may make minor 
                boundary adjustments to the boundary of Shenandoah 
                National Park; as modified by this title to allow the 
                acceptance of a donation of adjacent land.
                  (B) Related lands study.--If an applicable Related 
                Lands Study has been completed on the date of an 
                adjustment under subparagraph (A), the Secretary shall 
                follow the recommendations of the Related Lands Study 
                to ensure access to trailheads and other areas that 
                will resolve conflicts with adjacent property owners.
          (2) Limitations of land acquisition.--
                  (A) In general.--Except as otherwise provided in this 
                section, the Secretary may acquire lands and interests 
                therein under this section only--
                          (i) by donation, purchase with donated funds, 
                        or exchange; and
                          (ii) with the consent of the owner.
                  (B) Additional restrictions.--When acting under this 
                section--
                          (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 country 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 
                        without the consent of the 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 without the consent of the landowner 
                        thereof.
                  (C) Public land.--Land or an interest in land located 
                within the boundaries of a park owned by the 
                Commonwealth of Virginia or a political subdivision of 
                the Commonwealth of Virginia may be acquired by the 
                Secretary under this title only by donation or 
                exchange.
                  (D) No condemnation.--Under this title, the Secretary 
                may not accept a donation of land or an interest in 
                land that was acquired through condemnation.
    (c) Mitigation of Impacts at Access Points.--The Secretary shall 
take all reasonable actions to mitigate the impacts associated with 
visitor use at trailheads and other visitor access points 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 title.

           TITLE III--SHENANDOAH VALLEY NATIONAL BATTLEFIELDS

SEC. 301. 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 and interpretation of these sites will 
        make a vital contribution to the understanding of the heritage 
        of the United States;
          (6) the preservation of Civil War sites within a regional 
        framework requires cooperation among local property owners and 
        Federal, State, and local government entities; and
          (7) partnerships between Federal, State, and local 
        governments, the regional entities of such governments, and the 
        private sector offer the most effective opportunities for the 
        enhancement and management of Civil War battlefields and 
        related sites in the Shenandoah Valley.

SEC. 302. STATEMENT AND 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. 303. DEFINITIONS.

    As used in this title:
          (1) The term ``battlefields'' means the Shenandoah Valley 
        National Battlefields established by section 304.
          (2) The term ``Commission'' means the Shenandoah Valley 
        National Battlefields Commission established by section 308.
          (3) The term ``historic core'' means the area that surrounds 
        each unit of the battlefields, is depicted on the map referred 
        to in section 304(a), encompasses important components of a 
        conflict, and provides a strategic context and geographic 
        setting for understanding the conflict.
          (4) The term ``plan'' means the Shenandoah Valley National 
        Battlefields plan approved by the Secretary under section 305.
          (5) The term ``Secretary'' means the Secretary of the 
        Interior.
          (6) The term ``Shenandoah Valley'' means the Shenandoah 
        Valley in the Commonwealth of Virginia.

SEC. 304. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS.

    (a) Establishment.--(1) To carry out the purposes of this title, 
there is hereby established the Shenandoah Valley National Battlefields 
in the Commonwealth of Virginia. The battlefields consist of 
approximately 1,863 acres of lands and interest therein as generally 
depicted on the map entitles ``Shenandoah Valley National 
Battlefields'', numbered SHVA/80,000, and dated April, 1994, comprising 
units at Cedar Creek, Cross Keys, Fisher's Hill, McDowell, New Market, 
Opequan, Port Republic, Second Kernstown, Second Winchester, and Tom's 
Brook.
    (2) The map referred to in paragraph (1) shall be on file and 
available for public inspection in the offices of the Commission and in 
the appropriate offices of the National Park Service.
    (3) The Secretary may, with the advice of the Commission and 
following an opportunity for public comment, make minor revisions to 
the boundaries of the battlefields.
    (4) Administration.--The Secretary shall administer the 
battlefields 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; U.S.C. 1, 2, 3, 4) and the Act of August 
21, 1935 (49 Stat. 666; U.S.C. 461-467). The Secretary shall protect, 
manage, and administer the battlefields for the purposes of preserving 
and interpreting their national, cultural, and historic resources and 
for providing public understanding and appreciation of the 
battlefields, in such a manner as to perpetuate these qualities and 
values for future generations.
    (b) Land Acquisition.--(1) Except as otherwise provided in this 
subsection, the Secretary is authorized to acquire lands and interests 
therein within the boundaries of the battlefields by donation, purchase 
with donated or appropriated funds, or exchange, except that no lands 
or interests therein may be acquired under this title except with the 
consent of the owner thereof.
    (2) Lands or interests therein that are located within the 
battlefields or a historic core area and are owned by the Commonwealth 
of Virginia, or a political subdivision thereof, may be acquired by the 
Secretary under this title only by donation or exchange.
    (3) The Secretary may not accept, under this title, donations of 
lands or interests therein acquired through condemnation.
    (c) Living History Demonstrations and Battlefield Reenactments.--
The Secretary shall allow, at any location in the battlefields, 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 same date of the enactment of this Act. The secretary may allow, 
at any location in the battlefields, any living history demonstration 
or battlefield reenactment that is not described in the preceding 
sentence but that the Secretary determines to be appropriate.

SEC. 305. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS PLAN.

    (a) In General.--The battlefields shall be managed by the Secretary 
pursuant to this title and the Shenandoah Valley National Battlefields 
plan developed by the Commission and approved by the Secretary, as 
provided in this section.
    (b) Specific Provisions.--The plan shall include----
          (1) recommendations of potential boundary modifications to 
        the battlefields, including modifications to the boundaries of 
        the historic core of each unit, and the potential addition of 
        new units to the battlefields;
          (2) provisions for the management, protection, and 
        interpretation of the natural, cultural, and historical 
        resources of the battlefields, consistent with the purposes of 
        this title;
          (3) recommendations to the Commonwealth of Virginia (and 
        political subdivisions thereof) for the management, protection, 
        and interpretation of the natural, cultural, and historical 
        resources of the historic core areas;
          (4) the information described in section 12(b) of Public Law 
        91-383 (16 U.S.C. 1a-7(b)) (pertaining to the preparation of 
        general management plans);
          (5) identification of appropriate partnerships between the 
        Secretary, Federal, State, and local governments and regional 
        entities, and the private sector, in furtherance of the 
        purposes of this title;
          (6) proposed locations for visitor contact and major 
        interpretive facilities, including proposals for one 
        interpretive facility in the upper Shenandoah Valley and one in 
        the lower Shenandoah Valley;
          (7) provisions for implementing a continuing program of 
        interpretation and visitor education concerning the resources 
        and values of the battlefields and historic core areas;
          (8) 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 the historic core areas 
        and contribute to the understanding of the battlefields; and
          (9) 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) 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) 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 newspaper 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. 306. 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 and historic core areas with other Federal, State, or 
local agencies, and private persons and organizations.
    (b) Historic Monuments.--The Secretary may enter into an agreement 
with the owner of property that is located in the battlefields, or in a 
historic core area, and on which a historic monument or tablet 
commemorating a relevant battle has been erected prior to the date of 
the enactment of this Title. 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.

SEC. 307. GRANT PROGRAM.

    (a) In General.--The Secretary may award grants and provide 
technical assistance, to owners of property located within the 
battlefields and historic core areas, to provide for the preservation 
and interpretation of the natural, cultural, and historical resources 
within the battlefields and historic core areas.
          (1) The Secretary, after consultation with the Commission, 
        may award grants and provide technical assistance to 
        governmental entities to assist with the planning, development, 
        and implementation of comprehensive plans, land use guidelines, 
        regulations, ordinances, or other appropriate documents, that 
        are consistent with and designed to protect the historic 
        character of the battlefields and historic core areas.
          (2) The Commission shall conduct a regular review of plans, 
        guidelines, regulations, ordinances, and documents with respect 
        to which the Secretary has awarded a grant under this 
        paragraph. If the Commission finds that any such plan, 
        guideline, regulation, ordinance, or document, or the 
        implementation thereof, is no longer consistent with the 
        protection of the historic character of the battlefields and 
        historic core areas the Commission may recommend, after 
        consultation with the affected governmental entity, that the 
        Secretary suspend any grant awarded pursuant to this paragraph 
        with respect to the plan, guideline, regulation, ordinance, or 
        document.
          (3) The Secretary, after consultion with the Commission, 
        shall suspend any grant awarded under this paragraph if the 
        Secretary has determined that the plan, guideline, regulation, 
        ordinance, or document with respect to which the grant is 
        awarded is modified in a manner that is inconsistent with 
        protection of the historic character of the battlefields and 
        historic core areas.
    (b) Cost Share.--The Federal share of any grant made under this 
section may not exceed the amount of non-Federal funds provided for the 
preservation, interpretation, planning, development, or implementation 
with respect to which the grant is awarded.
    (c) Additional Conditions.--The Secretary may require such 
additional terms and conditions before awarding any grant under this 
section as the Secretary determines to be necessary.

SEC. 308. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION.

    (a) Establishment.--There is hereby established the Shenandoah 
Valley National Battlefields Commission.
    (b) Membership.--The Commission shall be composed of 19 members, to 
be appointed by the Secretary as follows:
          (1) 5 members representing local governments of communities 
        in the vicinity of the battlefields, appointed after the 
        Secretary considers recommendations made by appropriate local 
        governing bodies.
          (2) 10 members representing property owners within the 
        battlefields or historic core areas (1 member within each unit 
        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) The Governor of Virginia, or a designee of the Governor, 
        ex officio.
          (6) The Director of the National Park Service, or a designee 
        of the Director, ex officio.
    (c) Appointments.--Members of the Commission shall be appointed for 
staggered terms of 3 years, as designated by the Secretary at the time 
of the initial appointment. Any member of the Commission appointed for 
a definite term may serve after the expiration of the term until the 
successor of the member is appointed.
    (d) Election of Officers.--The Commission shall elect one of its 
members as Chairperson and one as Vice Chairperson. 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 carding out 
its duties.
    (k) Subpoenas.--The Commission may not issue subpoenas or exercise 
any subpoena authority.
    (l) Expenses.--Members of the Commission shall serve without 
compensation, but the Secretary may reimburse members for expenses 
reasonably incurred in carrying out the responsibilities of the 
Commission under this Act.
    (m) Mail.--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 at the expiration 
of the 45-day period beginning on the date on which the Secretary 
approves the plan under section 305(d).

SEC. 309. DUTIES OF THE COMMISSION.

    (a) IN GENERAL.--The Commission shall--
          (1) develop the plan and draft plan referred to in section 
        305, in consultation with the Secretary;
          (2) advise the Secretary on the administration of 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 historic core areas, 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 and historic core areas by landowners, local 
        governments, organizations, and businesses.
    (b) Assistance to Nonprofit Organizations.--The Commission may 
assist any nonprofit organization in the management, protection, and 
interpretation of the natural, cultural, and historical resources 
within the historic core areas.

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this title, except that not more 
than $250,000 may be appropriated for any fiscal year for the 
establishment and operation of the Commission.
    (b) Availability of Funds.--Funds made available under subsection 
(a) shall remain available until expended.

                         Purpose of the Measure

    The purpose of H.R. 1091 is to address a number of long-
standing issues 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.
    Title I of the bill would authorize a new boundary for 
Richmond Battlefield National Park and would direct the 
Secretary of the Interior to provide technical assistance and 
work cooperatively with State and local governments, and 
private property owners in order to preserve resources within 
the Park boundary.
    Title II of the bill would authorize the Secretary of the 
Interior to make future minor boundary adjustments to ensure 
continued public access to Shenandoah National Park at existing 
trail heads.
    Title III of the bill would authorize the establishment of 
the Shenandoah Valley National Battlefields in the Commonwealth 
of Virginia as a unit of the National Park System. This title 
would direct the Secretary of the Interior to prepare a 
Shenandoah Valley Battlefield Plan, to enter into cooperative 
agreements, and to render technical and financial assistance to 
further the purposes of the plan. This title would also 
establish the Shenandoah Valley Battlefield Commission.

                          Background and Need

                        shenandoah national park

    When Shenandoah National Park was authorized in 1926, 
Congress authorized a boundary of 521,000 acres. The 
legislation stated that the Federal Government could only 
acquire land within this boundary through donation. This land 
acquisition was primarily the responsibility of the 
Commonwealth of Virginia.
    In 1935, the Commonwealth of Virginia donated 160,000 acres 
of land and Shenandoah National Park was established. The Park 
now has about 196,000 acres of land in Federal ownership, but 
still retains the Congressionally authorized boundary of 
521,000 acres. Proponents of this legislation believe that non-
Federal lands within the authorized boundary are either not 
necessary for park purposes or do not contain park qualities. 
Additionally, the current boundary is a source of continuous 
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.

                     richmond national battlefield

    The battlefield was authorized in 1936 to commemorate the 
Siege of Richmond. The authorizing statute permits the National 
Park Service 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 
lands included in the park in 1936. Under the existing law, no 
funds may be appropriated for land acquisition. The Park 
boundary encompasses about 250,000 acres of which the National 
Park Service administers 780 acres. The boundaries pose 
problems similar to those relating to the boundary issue at 
Shenandoah National Park. The National Park Service, through 
its general management planning process, has identified 
approximately 7,121 acres which satisfy the National Park 
Service criteria for significance, integrity, feasibility and 
suitability for inclusion in Richmond National Battlefield 
Park.

                shenandoan valley civil war battlefield

    In 1990, Congress enacted the Civil War Sites Study Act 
(section 1204 of Public Law 101-628). The 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 noted that many of the sites in the battlefields 
sites identified in the study possess national significance. 
The study states that the Shenandoah Valley represents a unique 
geographic and historic resource, possessing tremendous scenic 
beauty and exceptional potential for interpreting aspects of 
the Civil War that are currently not represented in the 
National Park System. In addition, the study concluded that 
many portions of the valley retain a high degree of historic, 
rural, and scenic integrity.
    Until recently, most of the Shenandoah Valley was devoted 
to agricultural use. Proponents of the bill believe that 
increasing development within the valley has begun to threaten 
the integrity of many of the key battlefield sites.

                          Legislative History

    H.R. 1091 was introduced by Congressman Bliley on March 1, 
1995. A hearing was held in the House Subcommittee on National 
Parks, Forests and Lands on March 9, 1995, and the House 
Committee on Resources reported the bill on July 11, 1995. The 
bill passed the House on September 19, 1995.
    Similar provisions are included in S. 305, introduced by 
Senators Warner and Robb on January 31, 1995. Senator Jeffords 
cosponsored S. 305 on February 24, 1995. This legislation is 
similar to S. 1033, introduced during the 103rd Congress by 
Senators Warner, Robb and Jeffords. S. 1033 was reported by the 
Senate Committee on Energy and Natural Resources on May 18, 
1994 and passed the Senate on June 8, 1994. No action was taken 
in the House.
    H.R. 1091 was referred to the Senate Energy and Natural 
Resources Committee on September 20, 1995. Reports from the 
Department of the Interior and Office of Management and Budget 
were requested on March 20, 1996. A hearing on H.R. 1091 and S. 
305 was held by the Subcommittee on Parks, Historic 
Preservation and Recreation on March 21, 1996. At the business 
meeting on September 12, 1996, the Committee on Energy and 
Natural Resources ordered H.R. 1091 reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on September 12, 1996, by a unanimous voice 
vote of quorum present, recommends that the Senate pass H.R. 
1091, if amended as described herein.

                          Committee Amendment

    During the consideration of H.R. 1091, the Committee 
adopted an amendment in the nature of a substitute. The amended 
bill eliminates the section in the original bill pertaining to 
the transfer of county road corridors and at Shenandoah 
National Park. This provisions was included as Section 349 of 
Public Law 104-59, the National Highway Systems Designation Act 
of 1995. The amended bill also eliminates a section pertaining 
to the transfer of a sewage disposal system and right-of-way at 
Colonial National Historic Park, and a section pertaining to 
the addition of lands at Cumberland Gap National Historical 
Park. These provisions are addressed in other bills pending in 
the Committee (S. 115 and H.R. 694 respectively).
    The amended bill authorizes a new boundary for Richmond 
Battlefield National Park. This boundary adjustment is based on 
recommendations contained in the Richmond Battlefield National 
Park general management plan, which was completed by the 
National Park Service in August, 1996. The amended bill 
incorporated the Shenandoah Valley National Battlefields 
language from S. 305.

                      Section-by-Section Analysis

              title i--richmond national battlefield park

    Section 101(a) contains the Congressional findings related 
to Richmond National Battlefield Park.
    Section 101(b) states the purposes of the title as: (1) 
establishing a new boundary for the Richmond National 
Battlefields Park; and (2) directing the Secretary of the 
Interior (Secretary) to work in cooperation with State, city, 
and other organizations in the management, protection and 
interpretation of the resources associated with the Civil War 
and the Battles of Richmond.
    Section 102 establishes a new boundary for Richmond 
National Battlefield Park as described on a map.
    Section 103 authorizes the Secretary to acquire lands and 
interests within the Park's boundary by donation, purchase with 
donated funds, exchange or otherwise. The section specifies 
that privately owned lands may only be acquired with the 
consent of the landowner. The section directs the Secretary to 
acquire the minimum Federal interests necessary to achieve the 
objectives of the Park.
    Section 104 amends the Park's enabling Act by adding a new 
section which directs the Secretary to interpret the Battles of 
Richmond in the larger context of the Civil War and American 
history. The section directs the Secretary to work with the 
State and city government, as well as private property owners, 
and authorizes the Secretary to provide technical assistance to 
government entities, nonprofit organizations and private 
property owners.
    Section 105 amends the Park's enabling Act to conform with 
United State Code.

                   title ii--shenandoah national park

    Section 201(a) modifies the boundary of Shenandoah National 
Park to include only those lands and interests that were in 
Federal ownership and were administered by the Secretary as 
part of the Park on the day before the enactment of the title.
    Section 201(b)(1) authorizes the Secretary to make minor 
boundary adjustments in order to allow for the acceptance of 
donations of adjacent lands, and directs the Secretary to 
follow the recommendations of a Related Lands Study in making 
the boundary adjustments.
    Section 201(b)(2)(A) authorizes the Secretary to acquire 
lands and interests from willing sellers by donation, purchase 
with donated funds or exchange.
    Section 201(b)(2)(B) places additional restrictions on the 
Secretary regarding the acquisition of land, stating that the 
Secretary may only acquire lands which are contiguous with 
Federal lands administered as part of the Park; requiring that 
the Secretary hold a public meeting prior to accepting lands; 
stipulating that the primary access by landowners to their 
property may not be altered; and stating that private property 
may not be surrounded on all sides by land administered by the 
Park without the consent of the landowner.
    Section 201(b)(2)(C) states that public land within the 
boundaries of the Park may be acquired by the Secretary of the 
Interior by donation or exchange.
    Section 201(b)(2)(D) states that the Secretary may not 
accept a donation of land or an interest in land that was 
acquired through condemnation.
    Section 201(c) directs the Secretary to take all reasonable 
actions to mitigate the impacts associated with visitor use at 
the trail heads around the perimeter of Shenandoah National 
Park.

               title iii--shenandoah valley battlefields

    Section 301 contains the Congressional findings relating to 
the Shenandoah Valley Battlefields.
    Section 302 states the purposes of the title as: (1) 
preserving, conserving, and interpreting the legacy of the 
Civil War in the Shenandoah Valley; (2) recognizing and 
interpreting the important events and geographic locations 
representing key Civil War battles in the Shenandoah Valley; 
(3) recognizing and interpreting the effects the Civil War has 
on the civilian population during the war and postwar 
reconstruction period; and (4) creating partnerships in order 
to preserve the Battlefields and related sites.
    Section 303 provides definitions for terms throughout the 
title.
    Section 304(a) establishes the Shenandoah Valley National 
Battlefields in the Commonwealth of Virginia as described on a 
map. The section provides that the map be available for public 
inspection, and authorizes the Secretary to make minor boundary 
revisions after public comment. The section directs the 
Secretary to administer the Battlefields in accordance with 
laws pertaining to units of the National Park System.
    Section 304(b) specifies the manner in which lands may be 
added to the park. The Secretary is authorized to acquire lands 
and interests within the boundaries of the Battlefields from 
willing sellers by donation, purchase with donated or 
appropriated funds, or exchange. Lands owned by the 
Commonwealth of Virginia may only be acquired by donation or 
exchange. No lands may be acquired through condemnation.
    Section 304(c) directs the Secretary to allow existing 
living history demonstrations and battlefield reenactment 
presentations at any location within the battlefields to 
continue, and authorizes the Secretary to permit future living 
history demonstrations and battlefield reenactments as 
determined to the Secretary to be appropriate.
    Section 305(a) directs the Secretary to manage the 
battlefields pursuant to the title and the Shenandoah Valley 
National Battlefields plan, developed by the Commission and 
approved by the Secretary.
    Section 305(b) contains specific provisions for what the 
plan must include.
    Section 305(c) directs the Commission to submit a draft 
plan within three years for the Secretary's review, and 
outlines a system to ensure review of the plan on the State and 
local level.
    Section 305(d) directs the Secretary to review the plan and 
approve it or reject it with suggestions for modifications 
within 90 days.
    Section 306(a) authorizes the Secretary to establish 
partnerships and enter into cooperative agreements to advance 
the purposes of the plan.
    Section 306(b) contains a provision for the maintenance, 
protection and interpretation of existing historic monuments 
located on private property.
    Section 307(a) authorizes the Secretary to award grants and 
provide technical assistance to owners of private property 
located within the battlefields or historic core areas, and 
also, after consultation with the Commission, to government 
entities for the purpose of protecting the historic character 
of the battlefields and historic core area. The section 
contains provisions for the review and suspension for grants.
    Section 307(b) contains a cost share provision, stating 
that the Federal share of the grants may not exceed the amount 
of non-Federal funds provided.
    Section 307(c) authorizes the Secretary to require 
additional terms and conditions as necessary before awarding a 
grant.
    Section 308 establishes the Shenandoah Valley National 
Battlefields Commission. The section outlines the membership, 
terms of appointment, procedures and authorities of the 19-
member Commission. The section states that the Commission shall 
terminate 45 days after the Shenandoah Valley Battlefields plan 
is approved by the Secretary.
    Section 309(a) outlines the duties of the Commission.
    Section 309(b) authorizes the Commission to assist any non-
profit organization in the management, protection, and 
interpretation of the resources with the historic core areas.
    Section 310 authorizes appropriated sums as necessary to 
carry out the title, except that not more than $250,000 may be 
appropriated in any fiscal year for the operation of the 
Commission. Funds authorized under the subsection will remain 
available until expended.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1091. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1091, as ordered reported.

                        Executive Communications

    On September 13, 1996, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 1091. These 
reports had not been received at the time the report on H.R. 
1091 was filed. When these reports become available, the 
Chairman will request that they be printed in the Congressional 
Record for the advice of the Senate.

   Statement of Katherine H. Stevenson, Associate Director, Cultural 
     Resource Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman, I appreciate the opportunity to appear today 
to present the position of the Department of the Interior.


                       h.r. 1091, virginia parks


    Due to the complexity of this bill, I will address each 
title individually.
    Title I, Richmond National Battlefield Park. Mr. Chairman, 
we support revision of the boundary of Richmond National 
Battlefield Park, but not in the manner which it is being done 
through this title. The current boundary far exceeds what is 
suitable and feasible for inclusion in the Richmond National 
Battlefield Park. As we testified in the House of 
Representatives in March, 1995, we were completing a general 
management plan for Richmond which would include a 
recommendation for a revised boundary. Since then we have 
continued to work on the plan and are in the final stages of 
its completion. The remaining tasks involve incorporation of 
final comments into the plan, printing and distributing of the 
plan, and notification in the Federal Register of the plan's 
completion and availability. We have selected our preferred 
alternative and have developed our position for a revised 
boundary. We recommend that the Committee consider these 
recommendations in making any amendments to Richmond's enabling 
legislation.
    The enabling legislation for Richmond National Battlefield 
allows the Secretary of the Interior to assemble lands, 
structures, or other properties in the military battlefield 
area within five miles of Richmond's city limits to create the 
Richmond National Battlefield Park. The area encompassed by 
that language takes in approximately 225,000 acres in and 
around the City of Richmond. It has been determined through 
both our planning process and the Civil War Sites Advisory 
Commission's report that the area of historical significance 
within that larger area covers approximately 38,000 acres. 
Applying the National Park Service's criteria of significance, 
integrity, feasibility, and suitability, we have determined 
that approximately 7,010 acres of those 38,000 acres meet those 
criteria and qualify for inclusion in the park. We recommend 
that the Committee revise the boundary of Richmond National 
Battlefield Park and limit it to the lands identified in the 
general management plan that make up those approximately 7,010 
acres. We will be happy to work with the Committee to develop 
language that would accomplish this.
    As part of the boundary modification we would recommend 
that the park's authority to acquire land also be modified. We 
suggest that the National Park Service be granted authority to 
acquire land by donation, purchase with appropriated or donated 
funds, exchange, or otherwise, with the limitation that 
acquisition of privately owned lands or interests therein may 
occur only with the consent of the property owner. We also 
believe that protection of the 7,010 acres does not have to be 
entirely the responsibility of the Federal government, and 
request that the Committee authorize the National Park Service 
to enter into cooperative agreements with other public 
entities, individual property owners and private organizations 
to protect, interpret and manage these lands.
    Title I allows for the donation of four properties 
totalling approximately 910 acres. These four properties are 
identified in the general management plan and are included in 
the 7,010 acre recommendation. With regard to the site of the 
Battle of New Market Heights, we have completed as part of the 
general management plan a study regarding the site's 
significance and integrity. We would be more than happy to work 
with the Commonwealth of Virginia, Henrico County officials and 
the property owners to develop a plan that would adequately 
protect this site so that this important aspect of American 
history, commemorating the story of fourteen African American 
recipients of the Congressional Medal of Honor, can be 
interpreted to the public.
    We look forward to working with the Committee on 
alternative language that would revise the boundary of Richmond 
National Battlefield Park and allow the National Park Service 
to work in partnership with state and local officials, the 
private sector and private property owners in carrying out the 
recommendations of our general management plan to protect 
significant Civil War resources in and around Richmond.
          Title II, Shenandoah National Park. Mr. Chairman, 
        Section 201 of Title II 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 
        with Richmond National Battlefield, we recognize the 
        need for a revised boundary at Shenandoah National Park 
        and recommend that the Congress defer action on a 
        boundary modification until we have completed a study 
        of Shenandoah National Park's boundary.
          We clearly understand the need to modify the 
        legislated boundary within which land can be acquired 
        (currently only through donation) for Shenandoah 
        National Park. However, limiting the National Park 
        Service's land acquisition authority 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, and 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 made provisions 
        to donate land to the park or may desire to do so 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 inclusion. This study can be completed 
        in the next two years. After the study is completed, we 
        can recommend a boundary modification. We request that 
        the Congress defer action on a boundary modification 
        until that study and recommendations are completed. If 
        Congressional action is essential at this time, we 
        recommend that interim restrictions be imposed that 
        limit the ability of the park to acquire land until the 
        study is completed and the boundary is revised by the 
        Congress. We would be happy to work with Committee in 
        drafting language that would address both the matter of 
        a boundary revision and interim restrictions on land 
        acquisition at Shenandoah National Park.
          As stated in my opening remarks, Section 202 of Title 
        II, that would transfer secondary roads currently owned 
        by the National Park Service to the Commonwealth of 
        Virginia, has been enacted into law by this Congress. 
        We have begun the process of the transfer and are 
        working with the Commonwealth of Virginia to see that 
        the transfer occurs in a timely manner with the goal of 
        completing the transfer by the end of this summer.
          Title III, Colonial National Historical Park. Title 
        III calls for a modification of the boundary of 
        Colonial National Historical Park and the transfer of 
        existing sewage treatment systems from the National 
        Park Service to York County, Virginia. It also limits 
        the amount the National Park Service may spend on lands 
        to be acquired in the boundary modification to 
        $830,000. Mr. Chairman, we support the enactment of 
        this title with a minor amendment.
          The boundary modification would override the current 
        limitation on the width of the corridor for the 
        Colonial Parkway in the area between Mill Creek and 
        Neck O'Land Road in order to protect parkway scenery 
        from subdivision development. This legislation is 
        necessary to authorize the Secretary to acquire the 
        existing land--mostly wooded--along the parkway. In 
        1993 the parkway's beauty would have been marred by the 
        construction of 16 to 20 houses within 85 feet of the 
        roadway. The area in question could not be adequately 
        screened. Fortunately, The Conservation Fund, a non-
        profit organization, purchased the property just before 
        construction was to begin. The total acquisition cost 
        of the lots purchased by The Conservation Fund, which 
        includes a 3.2-acre archeological site, is $915,000. 
        Modification of the boundary would allow the National 
        Park Service to acquire the land from The Conservation 
        Fund and thus ensure the scenic quality of the Colonial 
        Parkway.
          We request that the dollar limitation of $830,000 for 
        the boundary modification be dropped. Without a 
        boundary modification the National Park Service could 
        not acquire the property at the time it was being 
        developed. The Conservation Fund acquired the property 
        to prevent it from being developed. The expenses 
        incurred by The Conservation Fund for acquisition and 
        maintenance since the property was acquired exceed the 
        $830,000 limitation. The dollar limitation may prevent 
        the Service from acquiring this important piece of 
        property along the Colonial Parkway. We recommend that 
        the limitation be dropped so that the land may be 
        acquired by the National Park Service.
          The transfer of the existing sewage disposal systems 
        owned by the United States and located within Colonial 
        National Historical Park, together with such rights-of-
        way as are necessary to maintain and operate the 
        system, would release the National Park Service from 
        its current obligation to maintain sewer systems for 
        Yorktown, Virginia. The title would also permit the 
        Secretary to pay a portion, not to exceed $110,000, of 
        the cost of repair and rehabilitation of the system.
          In 1948 and 1956, Congress directed the National Park 
        Service to design and construct sewer systems to serve 
        federal and non-federal properties in the area of 
        Yorktown, a community within and adjacent to Colonial 
        National Historical Park. At that time, York County was 
        a rural area with limited financial resources. The 
        County now has a fully functioning Department of 
        Environmental Services, which operates sewer systems 
        throughout the remainder of the County.
          In the mid-1970s, the National Park Service provided 
        York County with approximately $73,500 to improve the 
        Yorktown system and take over its maintenance and 
        operation. However, the portion of the system that 
        serves the Moore House subdivision was not upgraded and 
        is in need of approximately $203,000 to rehabilitate it 
        to current county standards. Discussions with the 
        County indicate that the National Park Service share of 
        the upgrade would not exceed $110,000. York County is 
        willing to accept the sewer system, if the Moore House 
        subdivision portion is upgraded prior to transfer. The 
        National Park Service is willing to share the cost of 
        the upgrade, subject to the availability of funds. Such 
        expense is cost-effective relative to the cost of long-
        term capital improvements and operation and maintenance 
        that would be required if the National Park Service 
        were to retain ownership of the systems. A letter and a 
        copy of a resolution from York County verifying its 
        interest are attached to this statement for inclusion 
        in the record.
          Further, the proposed legislation provides for a 
        cooperative agreement with the County for 
        rehabilitation of the sewage disposal system that would 
        reduce, or eliminate, the amounts charged to the NPS 
        for its sewage disposal. This agreement would also 
        provide for minimizing the impact of the sewage 
        disposal system on the park and its resources.
          Title IV, Shenandoah Valley Battlefields. We provided 
        comments on S. 305 earlier in this testimony. Those 
        comments are applicable to this title of H.R. 1091.
          Title V, Cumberland Gap National Historical Park. Mr. 
        Chairman, this title would allow the National Park 
        Service to acquire up to 10 acres of land or interests 
        in land for trailheads to be located at White Rocks and 
        Chadwell Gap in Cumberland Gap National Historical Park 
        in Virginia. We support this provision. Current 
        authority restricts the park's expansion. This 
        provision would enable the National Park Service to 
        acquire land in an area of the park where access 
        problems exist.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill H.R. 1091, as ordered 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):
    Section 2 of the Act of March 2, 1936 (Chapter 113; 49 
Stat. 1155)
    [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, interests 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.]
    ``SEC. 2. Boundary.--The boundary of the Richmond National 
Battlefield Park (hereinafter in this Act referred to as the 
`park') shall hereinafter be comprise the lands, waters and 
interests in lands therein, comprising approximately 7,121 
acres, within the boundary generally depicted as ``Park 
Boundary'' on the map entitled ``Richmond National Battlefield 
Park Boundary Map'', numbered 367-NEFA 80026 and dated August 
1996, which shall be on file and available for public 
inspection in the Office of the Director of the National Park 
Service, Department of the Interior.''.
          * * * * * * *
    The Act of March 2, 1936 (Chapter 113; 49 Stat. 1155)
    ``Section 4. Land Acquisition.--The Secretary is authorized 
to acquire lands and interests in lands and interests in lands 
within the park's boundary as depicted on the map identified in 
Section 2 by donation, purchase with donated or appropriated 
funds, exchange, or otherwise. Privately owned lands or the 
interests therein may be acquired only with the consent of the 
property owner. In acquiring lands and interests in lands under 
this Act, the Secretary shall acquire the minimum Federal 
interests necessary to achieve the objectives of the park.''.
          * * * * * * *
    The Act of March 2, 1936 (Chapter 113; 49 Stat. 1155)
    ``Section 5. Park Management And Administration.
    (a) In administering the park, the Secretary shall 
interpret, for the benefit of visitors to the park and the 
general public, the Battles of Richmond in the larger context 
of the Civil War and American History, including the causes and 
consequences of the Civil War and the affects of the War on all 
the American people.
    (b) The Secretary is directed to work with the Commonwealth 
of Virginia, its political subdivisions, including the City of 
Richmond, private property owners and the private sector to 
develop mechanisms to protect and interpret the resources 
identified within the boundary as depicted on the map 
identified in Section 2 of this title. In order to carry out 
this section the Secretary is authorized to enter into 
cooperative agreements with the public and private sectors to 
carry out the purposes of this title, and to find means of 
protecting and interpreting the historic resources for the 
benefit of present and future generations in a manner that 
would allow for continued private ownership and use where 
compatible with the purposes of the park. The Secretary is also 
authorized to provide technical assistance to governmental 
entities, nonprofit organizations and private property owners 
in the development of comprehensive plans, land use guidelines, 
and other activities which are consistent with conserving the 
historic, cultural, natural, and scenic resources found within 
the park boundary.''
          * * * * * * *
    The Act of March 2, 1936 (Chapter 113; 49 Stat. 1155)
    Sec. 3. 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).''
          * * * * * * *
    In addition to the changes in existing law listed above, 
Section 201 of H.R. 1091 contains language stating that so much 
of the Act of May 22, 1926 (Chapter 363; 44 Stat. 616) as is 
inconsistent with this title is hereby repealed.