Journey Through Hallowed Ground National Heritage Area Act of 2006 - Establishes the Journey Through Hallowed Ground National Heritage Area comprising the 175 miles of historic transportation routes through Pennsylvania, Maryland, West Virginia, and Virginia. Designates the Journey Through Hallowed Ground Partnership as the management entity for the Area. Directs the Secretary of the Interior to enter into a compact with the Partnership to carry out this Act's purposes. Requires the Partnership to develop a management plan for the Area that presents strategies and recommendations for conservation, funding, management, and development of the Area. Prohibits the Partnership from using federal funds received under this Act to acquire real property or any interest in real property.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5195 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5195
To establish the Journey Through Hallowed Ground National Heritage
Area, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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.
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-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).
SEC. 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.
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, 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E591-592)
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
Referred to the Subcommittee on National Parks.
Subcommittee Hearings Held.
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