Fort Monroe National Historical Park Establishment Act of 2011 - Establishes the Fort Monroe National Historical Park as a unit of the National Park System in Virginia.
Authorizes the Secretary of the Interior to enter into cooperative agreements with the Commonwealth of Virginia or any other party under which the Secretary may identify, interpret, and provide assistance for the preservation of non-federal properties within the boundary of the Park or in the historic area.
Authorizes the Secretary to enter into a partnership agreement with the Fort Monroe Foundation that would benefit the preservation and interpretation of resources within the Park.
Authorizes the Secretary to provide technical assistance and public interpretation of resources within the historic area and at any sites in close proximity to the Park outside of such area that are related to events or persons associated with the Fort , including encampments and cemeteries of formerly enslaved persons freed at the Fort during the Civil War.
Allows the Secretary to provide for the coordination of interpretation between the Park and the Captain John Smith Chesapeake National Historic Trail for any resources within the Park that may relate to the Trail.
Directs the Secretary and the Secretary of Homeland Security (DHS) to enter into an interagency agreement for the long-term protection and public interpretation of the Old Point Comfort Lighthouse.
Requires the Secretary to complete a general management plan for the Park.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1303 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1303
To authorize the Secretary of the Interior to establish Fort Monroe
National Historical Park in the Commonwealth of Virginia, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29, 2011
Mr. Webb (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to establish Fort Monroe
National Historical Park in the Commonwealth of Virginia, 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.
This Act may be cited as the ``Fort Monroe National Historical Park
Establishment Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commonwealth.--The term ``Commonwealth'' means--
(A) the Commonwealth of Virginia; or
(B) any management entity or political subdivision
established by the Commonwealth for the planning,
management, and reuse of land, buildings, or structures
reverting to or conveyed to the Commonwealth as a
result of the Base Realignment land closures process of
2005 affecting the Fort.
(2) Fort.--The term ``Fort'' means the third system
fortification historically referred to as ``Fortress Monroe'',
including--
(A) the moat; and
(B) the land and improvements within the Fort and
adjacent to the outside perimeter of the moat.
(3) Historic area.--The term ``historic area'' means the
Fort Monroe National Historic Landmark located outside the
boundary of the Park.
(4) Historic resources.--The term ``historic resources''
means any land, cultural landscapes, buildings, or structures
that are--
(A) located within the Fort; or
(B) adjacent to the Fort within the connecting road
system formed by Fenwick Road, Ingalls Road, Murray
Road, Patch Road, Griffith Street, and Bomford Lane.
(5) Management plan.--The term ``management plan'' means
the general management plan for the Park developed under
section (4)(i).
(6) Map.--The term ``map'' means the map entitled ``Fort
Monroe National Historical Park Proposed Boundary'', numbered
250/107,111, and dated June 24, 2011.
(7) Natural and recreational resources.--The term ``natural
and recreational resources'' means any land and submerged land
lying within, and associated with, the North Beach area of the
Fort, as depicted on the map.
(8) Park.--The term ``Park'' means the Fort Monroe National
Historical Park established by section (3)(a).
(9) Project.--The term ``project'' means any activity,
restoration, rehabilitation, interpretive exhibit or device, or
physical improvement for which Federal funds have been
expended.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the Commonwealth a unit
of the National Park System, to be known as the ``Fort Monroe National
Historical Park''.
(b) Purposes.--The purposes of the Park are--
(1) to preserve the historic resources and natural and
recreational resources;
(2) to provide land and water-based recreational
opportunities at the Park; and
(3) to interpret for the benefit of present and future
generations--
(A) Old Point Comfort, including recognizing--
(i) the relationship of Old Point Comfort
to the voyages of Captain John Smith;
(ii) the location of Old Point Comfort as
the first entry place of captive Africans into
English North America;
(iii) the use of Old Point Comfort for
successive fortifications; and
(iv) the role of Old Point Comfort in the
War of 1812;
(B) the development and use of the Fort as a
coastal defense facility and artillery training center,
including providing information on the military and
community life at Fort Monroe;
(C) the role of the Fort in the Civil War,
including--
(i) the use of the Fort as a haven for
individuals escaping enslavement during the
Civil War; and
(ii) the formation and service of U.S.
Colored Troop units stationed at Fort Monroe;
(D) persons and events associated with the Fort
that contributed to the history of the Fort and the
United States, including the relevance of those persons
and events to modern society; and
(E) the natural and recreational resources
associated with the Fort.
(c) Boundary.--The Park shall be comprised of the Fort, the
historic resources, and the natural and recreational resources, as
generally depicted on the map.
(d) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Federal, State, and Local Jurisdiction.--
(1) Effect on federal authority.--Except as otherwise
provided in this Act, nothing in this Act enlarges, diminishes,
or modifies any authority of the United States to carry out
Federal laws (including regulations) on Federal land located
within the boundary of the Park.
(2) Effect on state and local authority.--Nothing in this
Act enlarges, diminishes, or modifies any authority of the
Commonwealth or any political subdivision of the Commonwealth--
(A) to exercise civil and criminal jurisdiction
within the Park, unless an agreement for concurrent
jurisdiction is executed that modifies the jurisdiction
of the Commonwealth or political subdivision of the
Commonwealth with respect to the Park; or
(B) to carry out Commonwealth laws, regulations,
and rules on non-Federal land located within the
boundary of the Park.
(c) No Net Loss of Commonwealth-Owned Buildings and Structures.--In
the case of the loss or authorized demolition of buildings or
structures within the Fort Monroe National Historic Landmark,
replacement of the square footage from the loss or demolition shall be
permitted if the construction complies with--
(1) the Secretary of the Interior's Standards for the
Treatment of Historic Properties under part 68 of title 36,
Code of Federal Regulations (or successor regulations); and
(2) section 106 of the National Historic Preservation Act
(16 U.S.C. 470f).
(d) Authorization of Ex-Officio Appointments.--The Superintendent
of the Park may serve as an ex-officio member of any board or committee
affecting the Fort that the Secretary determines would--
(1) be beneficial to the preservation of Park resources;
and
(2) further the interpretive or educational purposes of the
Park.
(e) Cooperative Agreements and Visitor Services.--
(1) In general.--Subject to the provisions of this section
and as the Secretary determines to be appropriate to carry out
this section, the Secretary may enter into cooperative
agreements with the Commonwealth or any other party, under
which the Secretary may identify, interpret, and provide
assistance for the preservation of non-Federal properties
within the boundary of the Park or in the historic area,
including providing for the placement of directional and
interpretive signage, wayside exhibits, and technology-based
interpretive devices.
(2) Limitations.--The Secretary shall not enter into any
cooperative agreement under this subsection until the
Secretary--
(A) determines that--
(i) sufficient historic resources and
natural and recreational resources have been
acquired to constitute a manageable unit; and
(ii) easements have been acquired on the
remaining historic resources and natural and
recreational resources within the boundary of
the Park sufficient to ensure the integrity of
the historic resources and natural and
recreational resources of the Park; and
(B) has entered into a written agreement with the
Commonwealth providing--
(i) for an effective process for ensuring
that the future uses of historic resources and
natural and recreational resources within and
adjacent to the boundary of the Park will be
compatible with the designation of the Park as
a unit of the National Park System; and
(ii) as cooperatively determined between
the Secretary and the Commonwealth,
contributions to be made by any other party for
sharing with the Commonwealth and the Secretary
the costs of, maintenance and utilities
necessary for the operation and maintenance of
the Park.
(3) Adaptive reuse.--Nothing in this Act inhibits the
Commonwealth from providing for the adaptive reuse of the
interior of any non-federally owned historic resource for such
compatible uses determined under subsection (e)(2)(B) that are
conducted in accordance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties under part
68 of title 36, Code of Federal Regulations (or successor
regulations).
(4) Joint visitor services facilities.--If the Secretary
determines that the visitor experience to the Park would be
enhanced and result in cost efficiencies, the Secretary may--
(A) provide not more than 50 percent of the costs
of designing and rehabilitating non-federally owned
structures or buildings in the Park, or within the
historic area, for Park operations and visitor
services, including the design, construction, and
installation of exhibits for the Park; and
(B) jointly operate and maintain the facilities
with the Commonwealth.
(5) Fort monroe foundation.--The Secretary may enter into a
partnership agreement with the Fort Monroe Foundation that
would benefit the preservation and interpretation of resources
within the Park.
(6) Terms and conditions of agreements.--Any cooperative
agreement entered into under paragraph (1) shall include terms
and conditions that ensure that--
(A) the Secretary, acting through the Director of
the National Park Service, shall have the right of
access at all reasonable times to all public portions
of the property covered by the agreement for the
purposes of--
(i) conducting visitors through the
properties; and
(ii) interpreting the properties for the
public;
(B) no changes or alterations shall be made to any
properties covered by a cooperative agreement entered
into under paragraph (1) unless the Secretary and the
other party to the agreement agree to the changes or
alterations; and
(C) any conversion, use, or disposal of a project
for purposes contrary to the purposes of this section,
as determined by the Secretary, shall entitle the
United States to reimbursement in an amount equal to
the greater of--
(i) the amounts made available to the
project by the United States; or
(ii) the portion of the increased value of
the project attributable to the amounts made
available under this subsection, as determined
at the time of the conversion, use, or,
disposal.
(7) Cost-sharing requirement.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall require, as a condition of the
receipt of funds under paragraph (1), that any Federal
funds made available under a cooperative agreement or
for joint visitor services facilities shall be matched
on an equal basis by non-Federal funds.
(B) Exceptions.--The cost-sharing requirement under
subparagraph (A) shall not apply to the costs incurred
for placing directional and interpretive signage,
wayside exhibits, and technology-based interpretive
devices as provided for in paragraph (1).
(C) Form of non-federal share.--With the approval
of the Secretary, the non-Federal share required under
paragraph (1) may be in the form of property, goods, or
services from a non-Federal source, fairly valued.
(f) Acquisition of Land.--
(1) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by donation,
purchase from a willing seller with donated or appropriated
funds, or exchange.
(2) Priority.--The Secretary shall give priority to the
acquisition of land or interests in land under this subsection
in the following properties:
(A) The Old Headquarters Building (Building #1).
(B) The Bachelors Officers Quarters (Building #50).
(C) Lee's Quarters (Building #17).
(D) The Parade Ground.
(E) Casemate #22.
(F) The North Beach and associated submerged land
as depicted on the map.
(G) A right of way appropriate to the cultural and
natural resource Park setting for public access between
the Fort and the North Beach area as depicted on the
map, or in a location agreed upon by the Secretary and
the Commonwealth.
(3) Donation of commonwealth-owned land.--Land or interests
in land owned by the Commonwealth or any political subdivision
of the Commonwealth may only be acquired by donation.
(4) Easements and rights of access.--The Commonwealth may
retain, or the Secretary may grant, such easements or rights of
access as may be necessary for the maintenance and operations
of utilities, infrastructure, and transportation in the Park,
subject to a determination by the Secretary that there would be
no impairment to Park resources or impacts on visitor
experiences in the Park as a result of the easements or rights
of access.
(g) Technical Assistance and Public Interpretation.--
(1) In general.--The Secretary may provide technical
assistance and public interpretation of resources within the
historic area and at any sites in close proximity to the Park
outside of the historic area that are related to events or
persons associated with the Fort, including encampments or
cemeteries of formerly enslaved persons freed at the Fort
during the Civil War.
(2) Coordination.--The Secretary may provide for the
coordination of interpretation between the Park and the Captain
John Smith Chesapeake National Historic Trail for any resources
within the boundary of the Park relating to the trail.
(h) Old Point Comfort Lighthouse.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
Homeland Security shall enter into an interagency agreement for
the long-term protection and public interpretation of the Old
Point Comfort Lighthouse.
(2) Circumstances of agreement.--The agreement shall
specify the circumstances under which the Secretary may provide
for interpretation and visitor enjoyment of the Old Point
Comfort Lighthouse and the grounds of the Old Point Comfort
Lighthouse.
(3) No limitations on authority.--Nothing in this
subsection limits the authority of the Secretary of Homeland
Security to use the Old Point Comfort Lighthouse for
navigational or national security purposes.
(i) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are first made available to carry out this
Act, the Secretary, in consultation with the Commonwealth,
shall complete a general management plan for the Park in
accordance with--
(A) section 12(b) of the National Park System
General Authorities Act (16 U.S.C. 1a-7(b)); and
(B) any other applicable laws.
(2) Consideration of commonwealth laws, plans and
agreements.--In developing the management plan, the Secretary
shall consider--
(A) the Fort Monroe Reuse Plan;
(B) the Fort Monroe Programmatic Agreement dated
April 27, 2009 (and any amendments to the agreement);
and
(C) the State of Virginia Fort Monroe Authority
Act.
(3) Cost-sharing provisions.--The management plan shall
include provisions that identify any costs to be shared by the
Federal Government and the Commonwealth or other public or
private entities or individuals for necessary capital
improvements to, and maintenance and operations of, the Park.
(j) Limitation of Liability.--Except as mutually agreed upon in
writing, the National Park Service and the Commonwealth shall not be
responsible for liabilities outside of their respective property
ownerships.
(k) Uniform and Consistent Management.--The Secretary may cooperate
with the Commonwealth to ensure that the Park is preserved, maintained,
and operated in a uniform and consistent manner.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 112-224.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line