[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 319 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 319
To establish the Journey Through Hallowed Ground National Heritage
Area, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mr. Wolf (for himself, Mr. Cantor, Mrs. Jo Ann Davis of Virginia, Mr.
Tom Davis of Virginia, Mrs. Capito, Mr. Scott of Virginia, Mr. Platts,
Mr. Moran of Virginia, and Mr. McCrery) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Journey Through Hallowed Ground National Heritage
Area, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Journey Through
Hallowed Ground National Heritage Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Journey Through Hallowed Ground National Heritage Area.
Sec. 5. Authorities and duties of management entity.
Sec. 6. Approval or disapproval of management plan.
Sec. 7. Provision of financial and technical assistance.
Sec. 8. Duties of other Federal entities.
Sec. 9. Sunset for grants and other assistance.
Sec. 10. Requirements for inclusion of private property.
Sec. 11. Private property protection.
Sec. 12. Use of Federal funds from other sources.
Sec. 13. Authorization of appropriations.
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 4(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. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Numerous sites of significant American heritage are
situated within the boundaries of the Journey Through Hallowed
Ground National Heritage Area established by section 4, which
runs from Gettysburg in the Commonwealth of Pennsylvania,
generally along Route 15 in Maryland, looping to Harpers Ferry,
West Virginia, back to the Route 15/231 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, 15
National Historic Landmarks, two World Heritage Sites, 15 Main
Street Communities, 11 units of the National Park System, 52
Historic Districts, and a significant concentration of Rural
Historic Districts, which are collectively and individually of
national significance in the history of the United States.
(3) In 1996, a collaborative public-private partnership,
including the National Trust for Historic Preservation, the
National Park Service, Scenic America, private citizens, and a
four-State coalition of local and regional governmental and
private sector organizations, began an initiative to assess
historic sites along the Route 15 corridor and surrounding
areas. The initiative issued a comprehensive study of
significant sites and structures (cataloguing over 13,000
buildings already on the National Register of Historic Places)
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 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 and 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 four-State Heritage Area to
promote the cultural and historical attractions of the Heritage
Area for visitors and the local economy.
(8) The Journey Through Hallowed Ground Partnership would
be an appropriate management entity for the Heritage Area.
(b) Purposes.--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
citizens residing in the Heritage Area in conserving,
supporting, enhancing, and interpreting the significant
historic, cultural and recreational sites in the Heritage Area.
SEC. 4. 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 from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil
War Maryland State Heritage Area, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through Loudoun
County, Virginia, to the Route 15 corridor and surrounding
areas encompassing portions of Loudoun and Prince William
Counties, Virginia, then Fauquier County, Virginia, portions of
Spotsylvania and Madison Counties, Virginia, and Culpepper,
Rappahannock, Orange, and Albemarle Counties, Virginia. The
boundaries of the Heritage Area shall include all of those
lands and interests as generally depicted on the map titled
``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. 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, 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.
(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. 6. 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 5 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) Effect of Inaction.--If the Secretary does not approve or
disapprove the management plan or amendment thereto within 180 days
after it is submitted to the Secretary, then the management plan or
amendment shall be deemed to have been approved by the Secretary.
(e) Availability of Annual Reports.--The management entity shall
post each annual report prepared under section 5(e)(5)(B) on a website
maintained by the management entity.
SEC. 7. 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.--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 the management plan and, prior to approval of the
management plan, providing assistance for initiatives, the Secretary
shall provide such assistance upon the request of the management
entity. 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. 8. 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.
SEC. 9. 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 that funds are first made available for this Act.
SEC. 10. 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 unless and until the owner of that private
property has been--
(1) notified in writing by the management entity; and
(2) given written consent to the management entity for such
preservation, conservation, or promotion.
(b) Landowner Withdrawal.--Any owner of private property included
within the boundaries of the Heritage Area shall have their property
immediately removed from the boundaries by submitting a written request
to the management entity.
(c) Change of Ownership.--If private property included within the
boundaries of the Heritage Area has been excluded from the Heritage
Area or has not been preserved, conserved, or promoted under the
management plan 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.
SEC. 11. 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, including the authority of
Federal, State, and local governments to make safety improvements or
increase the capacity of existing roads or to construct new roads.
(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.
SEC. 12. 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. 13. 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.
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