[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.

                                  
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