[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.