[House Report 107-713]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-713
======================================================================
CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK ACT
_______
October 1, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4944]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4944) to designate the Cedar Creek Battlefield and Belle
Grove Plantation National Historical Park as a unit of the
National Park System, and for other purposes, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cedar Creek and Belle Grove National
Historical Park Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the Cedar Creek and Belle
Grove National Historical Park in order to--
(1) help preserve, protect, and interpret a nationally
significant Civil War landscape and antebellum plantation for
the education, inspiration, and benefit of present and future
generations;
(2) tell the rich story of Shenandoah Valley history from
early settlement through the Civil War and beyond, and the
Battle of Cedar Creek and its significance in the conduct of
the war in the Shenandoah Valley;
(3) preserve the significant historic, natural, cultural,
military, and scenic resources found in the Cedar Creek
Battlefield and Belle Grove Plantation areas through
partnerships with local landowners and the community; and
(4) serve as a focal point to recognize and interpret
important events and geographic locations within the Shenandoah
Valley Battlefields National Historic District representing key
Civil War battles in the Shenandoah Valley, including those
battlefields associated with the Thomas J. (Stonewall) Jackson
compaign of 1862 and the decisive campaigns of 1864.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Battle of Cedar Creek, also known as the battle of
Belle Grove, was a major event of the Civil War and the history
of this country. It represented the end of the Civil War's
Shenandoah Valley campaign of 1864 and contributed to the
reelection of President Abraham Lincoln and the eventual
outcome of the war.
(2) 2,500 acres of the Cedar Creek Battlefield and Belle
Grove Plantation were designated a national historic landmark
in 1969 because of their ability to illustrate and interpret
important eras and events in the history of the United States.
The Cedar Creek Battlefield, Belle Grove Manor House, the
Heater House, and Harmony Hall (a National Historic Landmark)
are also listed on the Virginia Landmarks Register.
(3) The Secretary of the Interior has approved the Shenandoah
Valley Battlefields National Historic District Management Plan
and the National Park Service Special Resource Study, both of
which recognized Cedar Creek Battlefield as the most
significant Civil War resource within the historic district.
The management plan, which was developed with extensive public
participation over a 3-year period and is administered by the
Shenandoah Valley Battlefields Foundation, recommends that
Cedar Creek Battlefield be established as a new unit of the
National Park System.
(4) The Cedar Creek Battlefield Foundation, organized in 1988
to preserve and interpret the Cedar Creek Battlefield and the
1864 Valley Campaign, has acquired 308 acres of land within the
boundaries of the National Historic Landmark. The foundation
annually hosts a major reenactment and living history event on
the Cedar Creek Battlefield.
(5) Belle Grove Plantation is a Historic Site of the National
Trust for Historic Preservation that occupies 383 acres within
the National Historic Landmark. The Belle Grove Manor House was
built by Isaac Hite, a Revolutionary War patriot married to the
sister of President James Madison, who was a frequent visitor
at Belle Grove. President Thomas Jefferson assisted with the
design of the house. During the Civil War Belle Grove was at
the center of the decisive battle of Cedar Creek. Belle Grove
is managed locally by Belle Grove, Incorporated, and has been
open to the public since 1967. The house has remained virtually
unchanged since it was built in 1797, offering visitors an
experience of the life and times of the people who lived there
in the 18th and 19th centuries.
(6) The panoramic views of the mountains, natural areas, and
waterways provide visitors with an inspiring setting of great
natural beauty. The historic, natural, cultural, military, and
scenic resources found in the Cedar Creek Battlefield and Belle
Grove Plantation areas are nationally and regionally
significant.
(7) The existing, independent, not-for-profit organizations
dedicated to the protection and interpretation of the resources
described above provide the foundation for public-private
partnerships to further the success of protecting, preserving,
and interpreting these resources.
(8) None of these resources, sites, or stories of the
Shenandoah Valley are protected by or interpreted within the
National Park System.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Cedar
Creek and Belle Grove National Historical Park Advisory
Commission established by section 9.
(2) Map.--The term ``Map'' means the map entitled ``Boundary
Map Cedar Creek and Belle Grove National Historical Park'',
numbered CECR-80,001, and dated September 2002.
(3) Park.--The term ``Park'' means the Cedar Creek and Belle
Grove National Historical Park established under section 5 and
depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 5. ESTABLISHMENT OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park, consisting of approximately 3,000
acres, as generally depicted on the Map.
(b) Availability of Map.--The Map shall be on file and available for
public inspection in the offices of the National Park Service,
Department of the Interior.
SEC. 6. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire land or interests in
land within the boundaries of the Park, from willing sellers only, by
donation, purchase with donated or appropriated funds, or exchange.
(b) Boundary Revision.--After acquiring land for the Park, the
Secretary shall--
(1) revise the boundary map of the Park to include newly
acquired land within the boundary; and
(2) administer newly acquired land subject to applicable laws
(including regulations).
(c) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, interpretation of the Park.
(d) Conservation Easements and Covenants.--The Secretary is
authorized to acquire conservation easements and enter into covenants
regarding lands in or adjacent to the Park from willing sellers only.
Such conservation easements and covenants shall have the effect of
protecting the scenic, natural, and historic resources on adjacent
lands and preserving the natural or historic setting of the Park when
viewed from within or outside the Park.
(e) Support Facilities.--The National Park Service is authorized to
acquire from willing sellers, land outside the Park boundary but in
close proximity to the Park, for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
SEC. 7. ADMINISTRATION.
The Secretary shall administer the Park in accordance with this Act
and the provisions of law generally applicable to units of the National
Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the preservation
of historic American sites, buildings, objects, and antiquities
of national significance, and for other purposes'', approved
August 21, 1935 (16 U.S.C. 461 et seq.).
SEC. 8. MANAGEMENT OF PARK.
(a) Management Plan.--The Secretary, in consultation with the
Commission, shall prepare a management plan for the Park. In
particular, the management plan shall contain provisions to address the
needs of owners of non-Federal land, including independent nonprofit
organizations within the boundaries of the Park.
(b) Submission of Plan to Congress.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall submit the
management plan for the Park to the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate.
SEC. 9. CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park Advisory Commission.
(b) Duties.--The Commission shall--
(1) advise the Secretary in the preparation and
implementation of a general management plan described in
section 8; and
(2) advise the Secretary with respect to the identification
of sites of significance outside the Park boundary deemed
necessary to fulfill the purposes of this Act.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed by the Secretary so as to include the
following:
(A) 1 representative from the Commonwealth of
Virginia.
(B) 1 representative each from the local governments
of Strasburg, Middletown, Frederick County, Shenandoah
County, and Warren County.
(C) 2 representatives of private landowners within
the Park.
(D) 1 representative from a citizen interest group.
(E) 1 representative from the Cedar Creek Battlefield
Foundation.
(F) 1 representative from Belle Grove, Incorporated.
(G) 1 representative from the National Trust for
Historic Preservation.
(H) 1 representative from the Shenandoah Valley
Battlefields Foundation.
(I) 1 ex-officio representative from the National
Park Service.
(J) 1 ex-officio representative from the United
States Forest Service.
(2) Chairperson.--The Chairperson of the Commission shall be
elected by the members to serve a term of one year renewable
for one additional year.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(4) Terms of service.--
(A) In general.--Each member shall be appointed for a
term of 3 years and may be reappointed for not more
than 2 successive terms.
(B) Initial members.--Of the members first appointed
under paragraph (1), the Secretary shall appoint--
(i) 4 members for a term of 1 year;
(ii) 5 members for a term of 2 years; and
(iii) 6 members for a term of 3 years.
(5) Extended service.--A member may serve after the
expiration of that member's term until a successor has taken
office.
(6) Majority rule.--The Commission shall act and advise by
affirmative vote of a majority of its members.
(7) Meetings.--The Commission shall meet at least quarterly
at the call of the chairperson or a majority of the members of
the Commission.
(8) Quorum.--8 members shall constitute a quorum.
(d) Compensation.--Members shall serve without pay. Members who are
full-time officers or employees of the United States, the Commonwealth
of Virginia, or any political subdivision thereof shall receive no
additional pay on account of their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of service for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
(f) Hearings; Public Involvement.--The Commission may, for purposes
of carrying out this Act, hold such hearings, sit and act at such times
and places, take such public testimony, and receive such evidence, as
the Commission considers appropriate. The Commission may not issue
subpoenas or exercise any subpoena authority.
SEC. 10. CONSERVATION OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Encouragement of Conservation.--The Secretary and the Commission
shall encourage conservation of the historic and natural resources
within and in proximity of the Park by landowners, local governments,
organizations, and businesses.
(b) Provision of Technical Assistance.--The Secretary may provide
technical assistance to local governments, in cooperative efforts which
complement the values of the Park.
(c) Cooperation by Federal Agencies.--Any Federal entity conducting
or supporting activities directly affecting the Park shall consult,
cooperate, and, to the maximum extent practicable, coordinate its
activities with the Secretary in a manner that--
(1) is consistent with the purposes of this Act and the
standards and criteria established pursuant to the general
management plan developed pursuant to section 8;
(2) is not likely to have an adverse effect on the resources
of the Park; and
(3) is likely to provide for full public participation in
order to consider the views of all interested parties.
SEC. 11. ENDOWMENT.
(a) In General.--In accordance with the provisions of subsection (b),
the Secretary is authorized to receive and expend funds from an
endowment to be established with the National Park Foundation, or its
successors and assigns.
(b) Conditions.--Funds from the endowment referred to in subsection
(a) shall be expended exclusively as the Secretary, in consultation
with the Commission, may designate for the interpretation,
preservation, and maintenance of the Park resources and public access
areas. No expenditure shall be made pursuant to this section unless the
Secretary determines that such expenditure is consistent with the
purposes of this Act.
SEC. 12. COOPERATIVE AGREEMENTS.
(a) In General.--In order to further the purposes of this Act, the
Secretary is authorized to enter into cooperative agreements with
interested public and private entities and individuals (including the
National Trust for Historic Preservation, Belle Grove, Inc., the Cedar
Creek Battlefield Foundation, the Shenandoah Valley Battlefields
Foundation, and the Counties of Frederick, Shenandoah, and Warren),
through technical and financial assistance, including encouraging the
conservation of historic and natural resources within and near the
Park.
(b) Technical and Financial Assistance.--The Secretary may provide to
any person, organization, or governmental entity technical and
financial assistance for the purposes of this Act, including the
following:
(1) Preserving historic structures within the Park.
(2) Maintaining the natural or cultural landscape of the
Park.
(3) Local preservation planning, interpretation, and
management of public visitation for the Park.
(4) Furthering the goals of the Shenandoah Valley
Battlefields Foundation related to the Park.
SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS.
(a) In General.--In recognition that central portions of the Park are
presently owned and operated for the benefit of the public by key
partner organizations, the Secretary shall acknowledge and support the
continued participation of these partner organizations in the
management of the Park.
(b) Park Partners.--Roles of the current key partners include the
following:
(1) Cedar creek battlefield foundation.--The Cedar Creek
Battlefield Foundation may--
(A) continue to own, operate, and manage the lands
acquired by the Foundation within the Park;
(B) continue to conduct reenactments and other events
within the Park; and
(C) transfer ownership interest in portions of their
land to the National Park Service by donation, sale, or
other means that meet the legal requirements of
National Park Service land acquisitions.
(2) National trust for historic preservation and belle grove
incorporated.--The National Trust for Historic Preservation and
Belle Grove Incorporated may continue to own, operate, and
manage Belle Grove Plantation and its structures and grounds
within the Park boundary. Belle Grove Incorporated may continue
to own the house and grounds known as Bowman's Fort or Harmony
Hall for the purpose of permanent preservation, with a long-
term goal of opening the property to the public.
(3) Shenandoah county.--Shenandoah County may continue to
own, operate, and manage the Keister park site within the Park
for the benefit of the public.
(4) Park community partners.--The Secretary shall cooperate
with the Park's adjacent historic towns of Strasburg and
Middletown, Virginia, as well as Frederick, Shenandoah, and
Warren counties in furthering the purposes of the Park.
(5) Shenandoah valley battlefields foundation.--The
Shenandoah Valley Battlefields Foundation may continue to
administer and manage the Shenandoah Valley Battlefields
National Historic District in partnership with the National
Park Service and in accordance with the Management Plan for the
District in which the Park is located.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary to
carry out this Act.
Amend the title so as to read:
A bill to designate the Cedar Creek and Belle Grove
National Historical Park as a unit of the National Park System,
and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 4944 as ordered reported is to
designate the Cedar Creek and Belle Grove National Historical
Park as a unit of the National Park System.
BACKGROUND AND NEED FOR LEGISLATION
In 1996, Congress directed the National Park Service to
study whether the Shenandoah Valley Battlefields National
Historic District or components thereof meet the criteria for
designation as a unit of the National Park System (Public Law
104-333). On April 12, 2001, the National Park Service
submitted a letter to Congress stating that the entire District
is nationally significant, but does not meet the suitability
and feasibility criteria. However, of the battlefields included
in the District, Cedar Creek Battlefield was identified as
meeting the criteria. The battle of Cedar Creek, also known as
the Battle of Belle Grove, was the site of the last battle of
the 1864 Civil War Shenandoah Valley campaign.
H.R. 4944 was introduced to establish the new park unit.
The park's boundary includes approximately 3,000 acres in
Frederick, Shenandoah, and Warren Counties in Virginia. No land
within the boundary will be condemned or taken by eminent
domain. The National Park Service will only be able to acquire
land from willing owners. The new park would preserve and
interpret the rich story of Shenandoah Valley history from
early settlement through the Civil War and beyond and protect
the historic landscape.
COMMITTEE ACTION
H.R. 4944 was introduced on June 13, 2002, by Congressman
Frank Wolf (R-VA). The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. On September 12,
2002, the Full Resources Committee met to consider the bill.
The Subcommittee on National Parks, Recreation, and Public
Lands was discharged from further consideration of H.R. 4944 by
unanimous consent. Congressman George Radanovich (R-CA) offered
an amendment in the nature of a substitute that made the
following changes to the original text: (1) changed the name of
the designated site to the Cedar Creek and Belle Grove National
Historical Park; (2) removed the Federal Advisory Committee Act
exemption for the Advisory Commission; (3) clarified what
assistance will be provided by the National Park Service
through cooperative agreements; and (4) corrected the
referenced map name and number cited in the bill. The amendment
was adopted by unanimous consent. The bill as amended was then
ordered favorably reported to the House of Representatives by
unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in expenditures. The
Congressional Budget Office has concluded that enactment of
this bill ``could result in additional revenues and direct
spending (from accepting and using contributions from the
National Park Foundation). CBO estimates, however, that such
transactions would have no net budgetary impact over several
years.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate the Cedar Creek and
Belle Grove National Historical Park as a unit of the National
Park System.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 30, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4944, the Cedar
Creek and Belle Grove National Historical Park Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4944--Cedar Creek and Belle Grove National Historical Park Act
H.R. 4944 would establish the Cedar Creek and Belle Grove
National Historical Park (NHP) on about 3,000 acres in
Virginia. Assuming appropriation of the necessary amounts, CBO
estimates that implementing the legislation would cost between
$20 million and $25 million over the next five years and about
$1.5 million annual thereafter. It is possible that an
additional $5 million to $10 million could be spent to acquire
property within the park boundary after 2007 (also assuming
appropriation of the necessary amounts), but the timing and
amount of such spending is uncertain. H.R. 4944 could result in
additional revenues and direct spending (from accepting and
using contributions from the National Park Foundation). CBO
estimates, however, that such transactions would have no net
budgetary impact over several years.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
H.R. 4944 would direct the National Park Service (NPS) to
manage the new national historical park in partnership with
local nonprofit organizations and local governments. For that
purpose, the bill also would establish an advisory commission
for the new NHP. The commission would consist of 15 members
representing federal, state, local, nonprofit, and private
interests. It would advise the NPS on planning and operational
issues, and the agency would in turn provide technical and
financial assistance to the member agencies and organizations,
many of which would continue to own and operate sites within
the NHP. The NPS would be authorized to acquire real and
personal property within the park by donation, purchase, or
exchange.
CBO expects that the federal government would acquire about
2,000 acres within the new park's boundary at a cost of between
$5 million and $10 million over the next five years. The range
in property acquisition costs represents the possibility that
some property could be protected by purchasing less expensive
conservation easements. We estimate that development costs over
the first five years, primarily to develop federally owned
property within the park, would be about $10 million and that
costs for planning, studies, and assistance to NPS partners
would be about $5 million over the 2003-2007 period. After
2007, we expect that administering the park would cost $1.5
million a year, including assistance to partners, payments to
local governments in lieu of taxes, and operating to park
during the start-up period. This estimate is based on
information provided by the NPS and local nonprofits and
assumes appropriation of the necessary amounts.
H.R. 4944 could increase both revenues and direct spending
by authorizing the NPS to accept and spend contributions from
the National Park Foundation. CBO has no basis for estimating
how much the foundation may contribute to the NPS for this
park, but we expect that the net budgetary impact would be zero
over several years.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.