[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.

                                  
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