H.R. 5195

Journey Through Hallowed Ground National Heritage Area Act of 2006

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I

109th CONGRESS

2d Session

H. R. 5195

IN THE HOUSE OF REPRESENTATIVES

April 25, 2006

Mr. Wolf (for himself, Mr. Goode, Mrs. Capito, Mr. Platts, Mr. Tom Davis of Virginia, Mrs. Jo Ann Davis of Virginia, Mr. Scott of Virginia, and Mr. Boucher) introduced the following bill; which was referred to the Committee on Resources

A BILL

To establish the Journey Through Hallowed Ground National Heritage Area, and for other purposes.

1.

Short title; definitions

(a)

Short title

This Act may be cited as the Journey Through Hallowed Ground National Heritage Area Act of 2006.

(b)

Definitions

For the purposes of this Act, the following definitions shall apply:

(1)

Heritage area

The terms Heritage Area and Area mean the Journey Through Hallowed Ground National Heritage Area established by section 3.

(2)

Management entity

The term management entity means The Journey Through Hallowed Ground Partnership, a Virginia 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 specified in section 5(b).

(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.

2.

Findings and purpose

(a)

Findings

The Congress finds the following:

(1)

Numerous sites of significant American heritage are situated in the Journey Through Hallowed Ground National Heritage Area, from Gettysburg, in the Commonwealth of Pennsylvania, along the Route 15 corridor in Maryland, looping to Harpers Ferry, West Virginia, back to the Route 15/20 corridor area to Monticello in Albemarle County in the Commonwealth of Virginia.

(2)

Included among the numerous historically significant sites, structures, battlefields, and districts are 8 homes of former United States Presidents, the largest concentration of Civil War battlefields in the country, the greatest concentration of rural historic districts in the country, 13 National Historic Landmarks, 2 World Heritage Sites, 15 Main Street Communities, 13 National Park Units, and 47 Historic Districts, and the largest concentration of Rural Historic Districts in the country, which are collectively and individually of national significance in the early history of our Nation.

(3)

In 1996, a collaborative public-private partnership effort, including the National Trust for Historic Preservation, the National Park Service, Scenic America, private citizens, and a 4 State coalition of local and regional governmental and private sector organizations began work to assess historic sites along the Route 15 Area. The initiative issued a comprehensive study of significant sites and structures (cataloguing over 7,000 buildings already on the National Register of Historic Places) in the Heritage Area associated with Native American, African American, European American, Colonial American, Revolutionary, and Civil War history, and concluded that the sites possess historical, cultural, and architectural value of national significance and retain a high degree of historical integrity.

(4)

The preservation and interpretation of the sites within the Heritage Area will make a vital contribution to the understanding of the development and heritage of the United States of America for the education and benefit of present and future generations.

(5)

The Secretary of the Interior is responsible for protecting the historical and cultural resources of the United States.

(6)

There are significant examples of those resources within the Heritage Area that merit the involvement of the Federal Government to develop programs and projects, in cooperation with the management entity, local, and State governmental bodies, to adequately conserve, support, protect and interpret this heritage.

(7)

Partnerships between Federal, State, and local governments, the regional entities of such governments, the private sector, and citizenry offer the most effective opportunities for the enhancement and management of the historical sites throughout the 4 State Heritage Area to promote the cultural and historical attractions of the area for visitors and the local economy.

(8)

The Journey Through Hallowed Ground Partnership would be an appropriate management entity for a heritage area established in this region.

(b)

Purpose

The purposes of the Journey Through Hallowed Ground National Heritage Area are—

(1)

to preserve, support, conserve, and interpret the legacy of the American history created along the Heritage Area;

(2)

to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;

(3)

to recognize and interpret important events and geographic locations representing key developments in the creation of America, including Native American, Colonial American, European American, and African American heritage;

(4)

to recognize and interpret the effect of the Civil War on the civilian population of the Heritage Area during the war and post-war reconstruction period; and

(5)

to enhance a cooperative management framework to assist the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the State of West Virginia, and their units of local government, the private sector, and area citizens in conserving, supporting, enhancing, and interpreting the significant historic, cultural and recreational sites in the Heritage Area in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations.

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-miles of historic transportation routes generally following the Route 15 Area and surroundings from Adams County, Pennsylvania through Frederick County, Maryland, looping through Brunswick, Maryland to Harper’s Ferry, West Virginia, back through Route 9 in Loudoun County to the Route 15 corridor encompassing Loudoun, Prince William, Fauquier, Culpepper, and Orange Counties in the Commonwealth of Virginia, and generally following the Route 20/231/22 area through Albemarle County in the Commonwealth of Virginia. The boundaries of the Heritage Area shall include all of those lands and interests as generally depicted on a map entitled The Journey Through Hallowed Ground, numbered SHVA/80,000 and dated February 2006.

(2)

Map

The map referred to in paragraph (1) shall be on file in the appropriate offices of the National Park Service.

(3)

Publication

The Secretary of the Interior shall publish in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection.

(c)

Management entity

The management entity for the Heritage Area shall be The Journey Through Hallowed Ground Partnership, a Virginia corporation, the Board of Directors of which shall include representatives from a broad cross-section of the individuals, agencies, organizations, States, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act and which shall oversee the development of a management plan in accordance with section 5(b).

4.

Compact

To carry out the purposes of this Act, the Secretary shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the Heritage Area, including each of the following:

(1)

A delineation of the boundaries of the Heritage Area.

(2)

A discussion of the goals and objectives of the Heritage Area.

(3)

An explanation of the proposed approach to conservation and interpretation of the Heritage Area.

(4)

A general outline of the measures to which the management entity and partners commit.

5.

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, non-profit 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 developed under subsection (b). 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 and services.

(D)

Acquisition of lands or interests in lands by gift, devise, or by purchase from a willing seller using donated or appropriated funds. No lands or interests in lands may be acquired by condemnation.

(E)

Undertaking any other initiatives that advance the purposes of the Heritage Area.

(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 have agreed to undertake to protect the resources of the Heritage Area;

(4)

specifies the existing and potential sources of funding to protect, support, manage, and develop the Heritage Area;

(5)

includes an inventory of the property and resources in the Heritage Area that should be preserved, restored, supported, managed, developed, maintained, or acquired because of its national historic significance;

(6)

lists any revisions to the boundaries of the Heritage Area proposed by the management entity and requested by affected local governments;

(7)

includes an analysis of ways in which local, State, and Federal programs may be best coordinated to promote the purposes of this Act; including recommendations to 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 Area;

(8)

identifies appropriate partnerships between the Federal, State, and local governments and regional entities, and the private sector, in furtherance of the purposes of the Act;

(9)

includes locations for visitor contact and major interpretive facilities;

(10)

includes provisions for appropriate living history demonstrations and battlefield reenactments;

(11)

includes provisions for implementing a continuing program interpretation and visitor education concerning the resources and values of the Area;

(12)

includes provisions for a uniform historical marker and wayside exhibit program in the 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 Area;

(13)

includes provisions for the protection and interpretation of the natural, cultural, and historic resources of the Heritage Area consistent with this Act; and

(14)

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; termination of funding

(1)

Deadline

The management entity shall submit the management plan to the Secretary not later than 2 years after the funds are made available for this Act. Prior to submitting the draft 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 plan, receives a copy of the draft plan;

(B)

adequate notice of availability of the draft plan is provided through publication in appropriate local newspapers in the area of the Heritage Area; and

(C)

at least one public hearing conducted by the management entity in each State at a location within the Heritage Area to review and receive comments on the draft plan.

(2)

Termination of funding

If a management plan is not submitted to the Secretary in accordance with this subsection, the Secretary shall not, after that date, 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.

(d)

Duties of management entity

The management entity shall—

(1)

give priority to implementing actions set forth in the compact and 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, and architectural 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 goals of the management plan;

(4)

consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and

(5)

for any year in which Federal funds have been provided to implement the management plan under subsection (b)—

(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.

(e)

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.

6.

Duties and authorities of the secretary

(a)

Technical and financial assistance

(1)

In general

(A)

Overall assistance

The Secretary may, upon the request of the management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry out its duties under this Act, including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives.

(B)

Other assistance

If the Secretary has the resources available to provide technical assistance to the management entity to carry out its duties under this Act (including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives), upon the request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A).

(2)

Priority

In assisting the management entity, the Secretary shall give priority to actions that assist in the—

(A)

implementation of the management plan;

(B)

provision of educational assistance and advice regarding land use management to conserve the significant historic resources of the region;

(C)

development and application of techniques promoting the preservation of cultural, recreational and historic properties;

(D)

preservation, restoration, and reuse of publicly and privately owned historic buildings;

(E)

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

(F)

implementation of initiatives prior to approval of the management plan.

(b)

Approval and disapproval of management plans

The Secretary, in consultation with the Governors of the Commonwealth of Virginia, the States of Maryland and West Virginia, the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receiving such plan. In approving 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 directors of the management entity is representative of the local governments affected and a wide range of interested organizations and citizens.

(c)

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 90 days after the date it is submitted.

(d)

Approving changes

The Secretary shall review and approve amendments to the management plan under subsection (b) that make substantial changes. Funds appropriated under this Act may not be expended to implement such changes until the Secretary approves the amendments.

(e)

Effect of inaction

If the Secretary does not approve or disapprove a management plan, revision, or change within 90 days after it is submitted to the Secretary, then such management plan, revision, or change shall be deemed to have been approved by the Secretary.

7.

Duties of other federal entities

Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall—

(1)

consult with the Secretary and the management entity with respect to such activities;

(2)

cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and

(3)

to the maximum extent practicable, conduct or support such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area.

8.

Sunset

The Secretary may not make any grant or provide any assistance under this Act after the expiration of the 15-year period beginning on the date that funds are first made available for this Act.

9.

Requirements for inclusion of private property

(a)

Notification and consent of property owners required

No privately owned property shall be preserved, conserved, or promoted under the management plan for the Heritage Area until the owner of that private property has been—

(1)

notified in writing by the management entity; and

(2)

given written consent for such preservation, conservation, or promotion to the management entity.

(b)

Landowner withdraw

Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity.

(c)

Change of ownership

If private property included within the boundary of the Heritage Area has been excluded from the Heritage Area or has not been preserved, conserved, or promoted under the management plan for the Heritage Area because the owner has not given or has withdrawn consent, upon change of ownership of that private property, the management entity may request consent from the new owners.

10.

Private property protection

(a)

Access to private property

Nothing in this Act shall be construed to—

(1)

require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

(2)

modify any provision of Federal, State, or local law with regard to public access to or use of private property.

(b)

Liability

Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property.

(c)

Recognition of authority to control land use

Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

(d)

Participation of private property owners in heritage area

Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

(e)

Effect of establishment

The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity.

11.

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.

12.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this Act the following funds, which shall remain available until expended:

(1)

Not more than $1,000,000 for any fiscal year.

(2)

Not more than a total of $10,000,000.

(b)

50 percent match

Financial assistance provided under this Act may not be used to pay more than 50 percent of the total cost of any activity carried out with that assistance.