[Senate Report 110-169]
[From the U.S. Government Publishing Office]
Calendar No. 367
110th Congress Report
SENATE
1st Session 110-169
======================================================================
JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA ACT
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 289]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 289) to establish the Journey Through
Hallowed Ground National Heritage Area, and for other purposes,
having considered the same, reports favorably thereon with an
amendent and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Journey Through Hallowed Ground
National Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Journey Through Hallowed Ground National Heritage Area.
(2) Management entity.--The term ``management entity'' means
The Journey Through Hallowed Ground Partnership, a Virginia
nonprofit corporation referred to in section 3(c), or its
successor entity.
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area.
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
and
(B) an organization, private industry, or individual
involved in promoting the conservation and preservation
of the historical, cultural, and recreational resources
of the Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Journey Through
Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the 175-
mile region generally following the Route 15 corridor and
surrounding areas, as generally depicted on the map entitled
``Journey Through Hallowed Ground National Heritage Area'',
numbered P90/80,000, and dated October 2006.
(2) Map.--The map referred to in paragraph (1) shall be on
file in the appropriate offices of the National Park Service.
(c) Management Entity.--The management entity for the Heritage Area
shall be The Journey Through Hallowed Ground Partnership, a Virginia
nonprofit corporation.
(d) Board of Trustees.--The board of trustees of the management
entity shall include representatives from a broad cross-section of the
individuals, agencies, organizations, States, and governments that--
(1) are partners of the management entity; and
(2) will oversee the development and implementation of the
management plan.
SEC. 4. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--
(1) Authority to accept funds.--The management entity may
accept funds from any Federal source and from States and their
political subdivisions, private organizations, nonprofit
organizations, or any other person to carry out its authorities
and duties under this Act.
(2) Use of funds.--The management entity may use funds made
available under this Act for purposes of preparing, updating,
and implementing the management plan. Such purposes may include
the following:
(A) Making grants to, and entering into cooperative
agreements with, States and their political
subdivisions, private organizations, non-profit
organizations or any other person.
(B) Hiring and compensating staff.
(C) Entering into contracts for goods, services, and
leases for office space.
(D) Undertaking any other initiatives that advance
the purposes of the Heritage Area that are recommended
in the management plan.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations for
conservation, funding, management, and development of the
Heritage Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations and individuals have
decided to undertake in furtherance of the purposes of this
Act;
(4) specifies the existing and potential sources of funding
to protect, support, manage, and develop the Heritage Area;
(5) includes an inventory of the natural, historical,
cultural, architectural, scenic, and recreational resources in
the Heritage Area that wish to be preserved, restored,
supported, managed, developed, or maintained, because of the
national historic significance of the resources;
(6) includes an analysis of ways in which local, State, and
Federal programs may coordinate to promote the purposes of this
Act; including recommendations from the Commonwealth of
Virginia, the States of Maryland and West Virginia, and the
Commonwealth of Pennsylvania (and political subdivisions
thereof) for the management, protection, support, and
interpretation of the natural, cultural, and historical
resources of the Heritage Area;
(7) identifies appropriate partners and partnerships among
Federal, State, and local governments, regional entities, and
the private sector in furtherance of the purposes of the Act;
(8) includes locations for visitor contact and major
interpretive facilities;
(9) includes provisions for appropriate living history
demonstrations and battlefield reenactments;
(10) includes provisions for implementing a continuing
program of interpretation for resident, student, and visitor
education concerning the resources and values of the Heritage
Area;
(11) includes provisions for a uniform historical marker and
wayside exhibit program in the Heritage Area, 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
Heritage Area;
(12) includes provisions for the protection and
interpretation of the natural, cultural, and historic resources
of the Heritage Area consistent with this Act; and
(13) includes provisions for the development of educational
outreach programs for students of all ages to further the
understanding of the vast resources within the Heritage Area.
(c) Deadline for Submission; Prerequisites.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary not later than the end of the
three-year period beginning on the date on which funds are
first made available for this Act.
(2) Prerequisites.--Before submitting the management plan to
the Secretary, the management entity shall ensure that--
(A) the Commonwealth of Virginia, the States of
Maryland and West Virginia, the Commonwealth of
Pennsylvania, and any political subdivision thereof
that would be affected by the management plan, receives
a copy of the management plan;
(B) adequate notice of availability of the management
plan is provided through publication in appropriate
local newspapers in the area of the Heritage Area;
(C) at least one public hearing is conducted by the
management entity at a location within the Heritage
Area in each congressional district included in whole
or in part in the Heritage Area to review and receive
comments on the management plan; and
(D) a committee made up of elected officials of local
governments within the boundaries of the Heritage Area,
including mayors, town and county council chairs, and
members of borough commissions and boards of
supervisors, has had an opportunity to review, comment
on, and approve (by majority vote) the management plan.
(d) Termination of Funding.--If a management plan is not submitted to
the Secretary in accordance with subsection (c), the Secretary shall
not, after the end of the period specified in such subsection, provide
any grant or other assistance under this Act with respect to the
Heritage Area until a management plan for the Heritage Area is
submitted to the Secretary.
(e) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
materials and exhibits in the Heritage Area;
(B) developing historical and cultural resources and
educational programs in the Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, cultural, architectural,
scenic, and recreational resources and sites in the
Heritage Area;
(D) the restoration of any historic building relating
to the themes of the Heritage Area;
(E) ensuring that clear signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the
purposes of this Act;
(3) encourage by appropriate means economic viability in the
Heritage Area consistent with the purposes of this Act;
(4) consider the interests of diverse governmental, business,
nonprofit groups, and individuals within the Heritage Area; and
(5) for any year in which Federal funds have been provided to
implement the management plan--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) submit an annual report to the Secretary setting
forth accomplishments, expenses and income, and each
person to which any grant was made by the management
entity in the year for which the report is made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(f) Prohibition on the Acquisition of Real Property.--The management
entity may not use Federal funds received under this Act to acquire
real property or any interest in real property. No State or local
subdivision of a State shall use any Federal funds received pursuant to
this Act to acquire any interest in real property by condemnation or
otherwise.
SEC. 5. APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.
(a) Time for Consideration; Criteria.--The Secretary, in consultation
with the Governors of the Commonwealth of Virginia, the States of
Maryland and West Virginia, and the Commonwealth of Pennsylvania, shall
approve or disapprove a management plan submitted under section 4 not
later than 180 days after receiving the plan. In considering the plan,
the Secretary shall take into consideration the following criteria:
(1) The extent to which the management plan, when
implemented, would adequately preserve, support and protect the
significant historical, cultural and recreational resources of
the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of trustees of the
management entity is representative of the local governments
affected and a wide range of interested organizations and
citizens.
(b) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. The Secretary
shall approve or disapprove a proposed revision within 180 days after
the date it is submitted.
(c) Approving Changes.--The Secretary shall review and approve or
disapprove any amendment to the management plan that would make a
substantial change to the management plan, as determined by the
Secretary. The review and approval or disapproval of an amendment shall
be conducted in the manner provided under subsections (a) and (b).
Funds appropriated under this Act may not be expended to implement the
changes made by such an amendment unless and until the Secretary
approves the amendment.
(d) Availability of Annual Reports.--The management entity shall post
each annual report prepared under section 4(e)(5)(B) on a website
maintained by the management entity.
SEC. 6. PROVISION OF FINANCIAL AND TECHNICAL ASSISTANCE.
(a) Overall Assistance.--Upon the request of the management entity
and subject to the availability of appropriations, the Secretary may
provide technical and financial assistance to the management entity to
carry out its duties under this Act, including updating and
implementing the management plan and, prior to approval of the
management plan, providing assistance for initiatives.
(b) Technical Assistance.--
(1) In general.--The Secretary, on request of the management
entity, may provide technical assistance to the management
entity to carry out the duties of the management entity under
this Act, including updating and implementing the management
plan and, prior to approval of the management plan, providing
assistance for initiatives.
(2) Limitation.--Technical assistance provided under this
subsection shall be provided on a reimbursable basis, except
that this subsection does not preclude the Secretary from
providing nonreimbursable assistance under subsection (a).
(c) Priority.--In assisting the management entity, the Secretary
shall give priority to actions that assist in--
(1) the implementation of the management plan;
(2) the provision of educational assistance and advice
regarding management of the significant historic resources of
the region;
(3) the development and application of techniques promoting
the preservation of cultural, recreational and historic
properties;
(4) the preservation, restoration, and reuse of publicly and
privately owned historic buildings;
(5) the design and fabrication of a wide range of
interpretive materials based on the management plan, including,
among other things, guide brochures, visitor displays, audio-
visual, books, interpretive dialogues, interactive exhibits,
and educational curriculum materials for public education; and
(6) the implementation of initiatives prior to approval of
the management plan.
(d) Matching Funds.--As a condition of providing financial assistance
under this section to the management entity, the Secretary shall
require the recipient to provide matching funds in an amount equal to
the amount of the financial assistance provided by the Secretary.
Recipient matching funds--
(1) shall be derived from non-Federal sources; and
(2) may be made in the form of in-kind contributions of goods
and services fairly valued.
SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly and
significantly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity with
respect to the activities;
(2) cooperate with the Secretary and the management entity in
carrying out the duties of the Secretary and the management
entity under this Act and, to the maximum extent practicable,
coordinate the activities with the carrying out of the duties;
and
(3) to the maximum extent practicable, conduct or support the
activities in a manner that shall not have an adverse effect on
the Heritage Area.
SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating
in any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation of
water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
SEC. 9. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the management entity with respect
to--
(A) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to achieve
the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report, the
Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 10. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this Act shall preclude the management entity from using
Federal funds available under Acts other than this Act for the purposes
for which those funds were authorized.
SEC. 11. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The Secretary may not make any grant or provide any other financial
assistance under this Act after the expiration of the 15-year period
beginning on the date of enactment of this Act.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this Act not more
than $1,000,000 for any fiscal year. Funds so appropriated shall remain
available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$10,000,000 may be appropriated to carry out this Act.
PURPOSE
The purpose of S. 289 is to establish the Journey Through
Hallowed Ground National Heritage Area in Virginia, West
Virginia, Maryland, and Pennsylvania.
BACKGROUND AND NEED
In 2005, the National Trust for Historic Preservation
listed the area within the proposed Journey Through Hallowed
Ground National Heritage Area as one of the 11 most endangered
historic places in the nation. The area, which stretches for
175 miles along the route of the Old Carolina Road from
Gettysburg, Pennsylvania, to Thomas Jefferson's Monticello near
Charlottesville, Virginia, is believed to contain more sites
illustrating Revolutionary War, Civil War, and presidential
history than any other area of the United States. Some
highlights from the area include homes of James Madison, Dwight
Eisenhower, Zachary Taylor, Theodore Roosevelt, and Thomas
Jefferson, and Civil War battlefields at Manassas, Monocacy,
Ball's Bluff, Antietam, and Gettysburg.
Since 1996, a group of former developers, local elected
officials, and others have been working to save the historic
character of the area from inappropriate development. The area
has been featured in national magazines and newspapers and
enjoys the support of dozens of town councils and county
commissions. A study to determine the feasibility of
establishing the heritage area was completed in September 2006
and submitted to the Secretary of the Interior.
LEGISLATIVE HISTORY
S. 289 was introduced by Senators Warner, Cardin, Mikulski,
Webb, Casey, and Rockefeller on January 12, 2007. The
Subcommittee on National Parks held a hearing on S. 289 on
March 20, 2007 (S. Hrg. 110-73).
During the 109th Congress, Senators Allen, Sarbanes, and
Warner sponsored a similar measure, S. 2645. The Subcommittee
on National Parks held a hearing on the bill on June 22, 2006
(S. Hrg. 109-663). No further action occurred prior to the sine
die adjournment of the Congress.
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered S. 289 favorably reported
with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 289, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 278, the Committee adopted
an amendment in the nature of a substitute. The amendment
deletes the Congressional findings, and modifies the management
language for the heritage area to make it consistent with the
authorities provided for other national heritage areas. The
amendment also adds a requirement that the Secretary of the
Interior conduct an evaluation of the heritage area not later
than three years before the date authority for Federal funding
terminates, to assess the progress of the management entity in
accomplishing the purposes for which the heritage area was
established and whether the goals and objectives of the
management plan for the heritage area were achieved. The
Secretary is required to submit a report of the findings of the
evaluation to the Congressional authorizing Committees.
The amendment is explained in detail in the section-by-
section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Journey Through
Hallowed Ground National Heritage Area Act.''
Section 2 defines the key terms used in the bill.
Section 3(a) establishes the Journey Through Hallowed
Ground National Heritage Area (``heritage area'').
Subsection (b) describes the boundaries of the heritage
area, as identified on the referenced map.
Subsection (c) designates the Journey Through Hallowed
Ground Partnership, a Virginia nonprofit organization, as the
management entity for the heritage area.
Subsection (d) provides that the Board of Trustees of the
management entity shall include representatives from a broad
cross-section of the individuals, agencies, organizations,
States, and governments that are partners of the management
entity and which will oversee the development and
implementation of the management plan.
Section 4 lists the authorities and duties of the
management entity.
Subsection (a) authorizes the management entity to make
grants in furtherance of the purposes of the heritage area,
enter into cooperative agreements or provide technical
assistance, hire staff, contract for goods and services, and
undertake any other activity that advances the purposes of the
heritage area and recommended in the management plan.
Subsection (b) lists the requirements for the management
plan.
Subsection (c) requires the management entity to submit a
management plan for the heritage area to the Secretary not
later than 3 years after the day of enactment of the Act.
Subsection (d) provides that if the management plan is not
submitted to the Secretary within three years after the date of
enactment, the management entity is ineligible to receive
further Federal funding until the plan is submitted.
Subsection (e) lists the duties of the management entity.
Subsection (f) prohibits the management entity from using
Federal funds made available under this Act to acquire real
property or an interest in real property. The subsection also
prohibits a State or local subdivision from using money under
this Act to acquire any interest in real property by
condemnation or otherwise.
Section 5(a) requires the Secretary to approve or
disapprove the management plan within six months after
receiving the plan.
Subsection (b) describes the procedure if the Secretary
disapproves the management plan.
Subsection (c) requires that the Secretary review and
approve or disapprove any amendment that would make a
substantial change to the management plan.
Subsection (d) requires the management entity to post each
annual report on its website.
Section 6(a) authorizes the Secretary to provide technical
and financial assistance to the management entity to carry out
its duties, subject to the availability of appropriations.
Subsection (b) authorizes the Secretary to provide
technical assistance to the management entity on a reimbursable
basis, including updating and implementing the management plan.
Subsection (c) identifies several actions that the
Secretary shall give priority to when assisting the management
entity, including those that assist in the implementation of
the management plan.
Subsection (d) provides that the Secretary shall require
the management entity to provide matching funds in an amount
equal to the financial assistance provided by the Secretary,
which may include in-kind contributions.
Section 7 states that any Federal entity conducting or
supporting activities that directly and significantly affect
the heritage area must consult with the Secretary and the
management entity with respect to those activities, cooperate
and coordinate with the Secretary and the management entity,
and to the maximum extent practicable, conduct or support the
activities in a manner that will not have an adverse effect on
the heritage area.
Section 8 contains several savings provisions to clarify
that the designation of the national heritage area will not
affect private property rights, affect governmental land use
regulation, reserve or appropriate water rights, diminish the
authority of the State to manage fish and wildlife, or create
any liability for property owners within the heritage area.
Section 9(a) requires the Secretary to conduct an
evaluation of the accomplishments of the national heritage area
not later than three years before the date Federal funding
authority terminates.
Subsection (b) provides that the evaluation shall assess
the progress of the management entity with respect to
accomplishing the purposes of this Act for the heritage area
and whether the management entity achieved the goals and
objectives of the approved management plan for the heritage
area. The evaluation is also required to analyze governmental
investments in the heritage area to determine the leverage and
impact of the investments.
Subsection (c) requires the Secretary to prepare a report,
based on the evaluation, that includes recommendations for the
future role of the National Park Service, if any, for the
heritage area. If the report recommends that Federal funding
for the area be reauthorized, it is required to include an
analysis of ways Federal funding may be reduced or eliminated.
The report is to be submitted to the House and Senate
authorizing committees.
Section 10 clarifies that nothing in this Act precludes the
management entity from using Federal funds available under
other laws for the purpose for which those funds were
authorized.
Section 11 provides that the authority for the Secretary to
make grants or provide other financial assistance under this
Act terminates 15 years after the date of enactment.
Section 12 authorizes total appropriations of $10 million,
with not more than $1 million appropriated for any fiscal year,
and subject to the non-Federal match.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
July 27, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 289, the Journey
Through Hallowed Ground National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 289--Journey Through Hallowed Ground National Heritage Area Act
Summary: S. 289 would establish the Journey Through
Hallowed Ground National Heritage Area (NHA) along the corridor
from Gettysburg, Pennsylvania, to Charlottesville, Virginia.
The bill would designate the Journey Through Hallowed Ground
Partnership as the local coordinating entity for the proposed
NHA. The partnership would be responsible for developing and
implementing a management plan to develop, restore, and
maintain the NHA.
The legislation would authorize the appropriation of $10
million, not to exceed $1 million annually, for financial
assistance to the partnership over the next 15 years. CBO
estimates that implementing S. 289 would cost $5 million over
the 2008-2012 period, with additional amounts spent after 2012.
Enacting S. 289 would not affect revenues or direct spending.
S. 289 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact is shown in the following table. The costs of
this legislation fall within budget function 300 (natural
resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 1 1 1 1 1
Estimated Outlays............... 1 1 1 1 1
------------------------------------------------------------------------
Basis of estimate: Assuming appropriation of the authorized
amounts, CBO estimates that implementing S. 289 would cost $5
million over the 2008-2012 period and $5 million over the
following five to 10 years. Such amounts would be used to cover
a portion of the costs of planning, establishing, operating,
and interpreting the heritage area.
Intergovernmental and private-sector impact: S. 289
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On March 16, 2007, CBO transmitted a
cost estimate for H.R. 319, the Journey Through Hallowed Ground
National Heritage Area Act, as ordered reported by the House
Committee on Natural Resources on March 7, 2007. Assuming
appropriation of the necessary amounts, CBO estimated that
implementing H.R. 319 would cost $5 million over the 2008-2012
period and an additional $5 million over the 10 years after
2012.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Leo Lex; Impact on the
Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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 S. 289. 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 S. 289, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the March 20, 2007, Subcommittee hearing on S. 289 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 289, a bill to establish the Journey Through
Hallowed Ground National Heritage Area.
While a national heritage area feasibility study by the
Journey Through Hallowed Ground Partnership has found the
Journey Through Hallowed Ground National Heritage Area
appropriate for designation, we recommend that the committee
defer action on S. 289 and all other proposed heritage area
designations until program legislation is enacted that
establishes guidelines and a process for the designation of
national heritage areas. Last year, the Administration sent to
Congress a legislative proposal to establish guidelines and a
process for designation. Bills were introduced in the 109th
Congress (S. 243, H.R. 760 and H.R. 6287) that incorporated the
majority of the provisions of the Administration's proposal,
and S. 243 passed the Senate. During the 110th Congress, a
similar heritage area program bill, S. 278, has been
introduced, and we look forward to continuing to work with
Congress on this very important issue.
With 37 national heritage areas designated across 27
states, and more heritage area legislative proposals in the
pipeline, the Administration believes it is critical at this
juncture for Congress to enact national heritage area program
legislation. This legislation would provide a much-needed
framework for evaluating proposed national heritage areas,
offering guidelines for successful planning and management,
clarifying the roles and responsibilities of all parties, and
standardizing timeframes and funding for designated areas.
Program legislation also would clarify the expectation that
heritage areas would work toward self-sufficiency by outlining
the necessary steps, including appropriate planning, to achieve
that shared goal.
The proposed Journey Through Hallowed Ground National
Heritage Area would span a region of approximately 175 miles
along Route 15 and part of Route 20, from Gettysburg,
Pennsylvania through Maryland and West Virginia to
Charlottesville, Virginia. The region is rich in historic and
natural resources including the homes of Presidents Thomas
Jefferson, James Madison, James Monroe, and Dwight David
Eisenhower, and includes significant Revolutionary and Civil
War sites. Revolutionary War sites include Willow Grove, the
temporary headquarters of Generals Wayne and Muhlenberg; Point
of Fork Arsenal; Castle Hill, home of colonial leader Dr.
Thomas Walker; and the Hessian Barracks, used as a prison for
British soldiers. Civil War sites include the battlefields of
Gettysburg, Monocacy, Antietam, Brandy Station, and
Chancellorsville, among others. The region is also crossed by
numerous historic trails and byways relating to the Civil War
and other scenic resources. All told, there are an estimated
7,000 buildings in the area listed on the National Register of
Historic Places, 13 National Historic Landmarks, and two World
Heritage Sites.
S. 289 would establish the Journey Through Hallowed Ground
National Heritage Area and designate the Partnership as the
management entity. The Partnership is a nonprofit corporation
that has conducted a significant number of public meetings, an
important requirement for evaluating local support for the
designation of a national heritage area. The bill prescribes
the duties of the management entity, requires the development
of a management plan by the Partnership to be approved by the
Secretary, and includes a 15-year authorization for up to $1
million per year not to exceed a total of $10 million. As this
proposed heritage area would transverse four states, we
strongly encourage the Partnership to represent the interests
of all four states.
If the committee chooses to move forward with this bill,
the Department would like to work with the committee on some
technical corrections to the bill. In addition, the Department
would recommend that the bill be amended to include an
additional requirement for an evaluation to be conducted by the
Secretary, three years prior to the cessation of federal
funding under this act. The evaluation would examine the
accomplishments of the heritage area in meeting the goals of
the management plan; analyze the leveraging and impact of
investments to the heritage area; identify the critical
components of the management structure and sustainability of
the heritage area; and recommend what future role, if any, the
National Park Service should have with respect to the heritage
area.
Mr. Chairman, that concludes my testimony, and I am
prepared to answer any questions that you or other members of
the committee might have at this time.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 289, as ordered
reported.