Home > 104th Congressional Bills > H.R. 1091 (rs) To improve the National Park System in the Commonwealth of Virginia. [Reported in Senate] ...

H.R. 1091 (rs) To improve the National Park System in the Commonwealth of Virginia. [Reported in Senate] ...


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                                                  Union Calendar No. 87

104th CONGRESS

  1st Session

                               H. R. 1091

                          [Report No. 104-176]

_______________________________________________________________________

                                 A BILL

  To improve the National Park System in the Commonwealth of Virginia.

_______________________________________________________________________

                             July 11, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 87
104th CONGRESS
  1st Session
                                H. R. 1091

                          [Report No. 104-176]

  To improve the National Park System in the Commonwealth of Virginia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 1995

  Mr. Bliley (for himself, Mr. Goodlatte, Mr. Bateman, and Mr. Wolf) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

                             July 11, 1995

       Additional sponsors: Mr. Boucher, Mr. Scott, and Mr. Leach

                             July 11, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                1, 1995]

_______________________________________________________________________

                                 A BILL


 
  To improve the National Park System in the Commonwealth of Virginia.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
              TITLE I--RICHMOND NATIONAL BATTLEFIELD PARK

SEC. 101. MODIFICATION OF BOUNDARY.

    The first section of the Act of March 2, 1936 (Chapter 113; 49 
Stat. 1155), is amended to read as follows:
    ``Section 1. (a) In order to preserve the site of the 1862 
Peninsula Campaign and the 1864-65 battle of Richmond, in the vicinity 
of Richmond, Virginia, as a national battlefield park for the benefit 
and inspiration of the people of the United States, there is hereby 
established, subject to existing rights, the Richmond National 
Battlefield Park (hereinafter in this Act referred to as the `Park').
    ``(b) The Park shall consist of--
            ``(1) lands, waters, and interests therein within the area 
        generally depicted on the map entitled `Richmond National 
        Battlefield Park, Land Status Map', numbered 367/92,000, and 
        dated September 1993; and
            ``(2) upon donation of title acceptable to the Secretary of 
        the Interior (and acceptance by the Secretary), the following 
        tracts: a tract of 750 acres at Malvern Hill, a tract of 15 
        acres at Beaver Dam Creek, a tract of 100 acres at Cold Harbor, 
        and a tract of 42 acres at Bethesda Church.
    ``(c) As soon as practicable, the Secretary of the Interior shall 
complete a boundary map (including tracts referred to in subsection 
(b)(2)) for the Park. The map required by this subsection and the map 
referred to in subsection (b)(1) shall be on file and available for 
public inspection in the office of the National Park Service, 
Department of the Interior.
    ``(d) The Congress recognizes the national significance of the 
Battle of New Market Heights and declares it to be in the public 
interest to ensure the preservation of the New Market Heights 
Battlefield so that an important aspect of American history can be 
interpreted to the public. The Congress directs the Secretary to work 
cooperatively with the Commonwealth of Virginia, the county of Henrico, 
Virginia, and property owners within or impacted by the battlefield 
area to develop alternatives to ensure implementation of these goals. 
The Secretary shall submit a report outlining such alternatives to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate no later than 
June 1, 1996.''.

SEC. 102. REPEAL OF PROVISION REGARDING PROPERTY ACQUISITION.

    The Act of March 2, 1936 (Chapter 113; 49 Stat. 1155), is amended 
by striking section 2.
SEC. 103. ADMINISTRATION.

    Section 3 of the Act of March 2, 1936 (Chapter 113; 49 Stat. 1156), 
is redesignated as section 2 and is amended by striking the period and 
inserting ``, and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 
461-467).''.

                   TITLE II--SHENANDOAH NATIONAL PARK

SEC. 201. MODIFICATION OF BOUNDARY.

    (a) In General.--The boundary of Shenandoah National Park is hereby 
modified to include only those lands and interests therein that, on the 
day before the date of the enactment of this Act, were in Federal 
ownership and were administered by the Secretary of the Interior 
(hereinafter in this title referred to as the ``Secretary'') as part of 
the park. So much of the Act of May 22, 1926 (Chapter 363; 44 Stat. 
616) as is inconsistent herewith is hereby repealed.
    (b) Minor Boundary Adjustments and Land Acquisition.--
            (1) Minor boundary adjustments.--The Secretary is 
        authorized to make minor adjustments to the boundary of 
        Shenandoah National Park, as modified by this title, to make 
        essential improvements to facilitate access to trailheads to 
        the park that exist on the day before the date of the enactment 
        of this title, in cases in which there are no practicable 
        alternatives to such adjustments.
            (2) Limitations on land acquisition.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, the Secretary may acquire lands and 
                interests therein under this subsection only by 
                donation.
                    (B) Additional restrictions.--When acting under 
                this subsection--
                            (i) the Secretary may add to the Shenandoah 
                        National Park only lands and interests therein 
                        that are contiguous with Federal lands 
                        administered by the Secretary as part of the 
                        park;
                            (ii) prior to accepting title to any lands 
                        or interests therein, the Secretary shall hold 
                        a public meeting in the county in which such 
                        lands and interests are located;
                            (iii) the Secretary shall not alter the 
                        primary means of access of any private 
                        landowner to the lands owned by such landowner; 
                        and
                            (iv) the Secretary shall not cause any 
                        property owned by a private individual, or any 
                        group of adjacent properties owned by private 
                        individuals, to be surrounded on all sides by 
                        land administered by the Secretary as part of 
                        the park.
    (c) Mitigation of Impacts at Access Points.--The Secretary shall 
take all reasonable actions to mitigate the impacts associated with 
visitor use at trailheads around the perimeter of Shenandoah National 
Park. The Secretary shall enlist the cooperation of the State and local 
jurisdictions, as appropriate, in carrying out this subsection.

SEC. 202. REQUIREMENT OF TRANSFER OF COUNTY ROAD CORRIDORS.

    (a) Statement of Purpose.--It is the purpose of this section to 
permit the Commonwealth of Virginia to maintain and provide for safe 
public use of certain roads that the Commonwealth donated to the 
Federal Government at the time of the establishment of Shenandoah 
National Park.
    (b) Requirement of Transfer.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Interior shall 
transfer to the Commonwealth of Virginia, without consideration or 
reimbursement, all right, title, and interest of the United States in 
and to all county road corridors that were located within the 
Shenandoah National Park on the day before the date of the enactment of 
this Act and are removed from such Park by the boundary modification 
made by section 201.
    (c) Reversion.--Each transfer pursuant to this section shall be 
made subject to the condition that if, at any time, any county road 
corridor so transferred is no longer used as a public roadway, all 
right, title, and interest in the county road corridor shall revert to 
the United States.
    (d) Definitions.--For purposes of this section:
            (1) County road corridor.--The term ``county road 
        corridor'' means a corridor that is comprised of any Shenandoah 
        county road together with an amount of land, which is 
        contiguous with the road and which is selected by the Secretary 
        of the Interior in consultation with the Governor of the 
        Commonwealth of Virginia, such that the total width of the 
        corridor is 50 feet.
            (2) Shenandoah county road.--The term ``Shenandoah county 
        road'' means any portion of a road that is open to public 
        vehicle usage and that, on the date of the enactment of this 
        Act, constitutes part of--
                    (A) Madison County Route 600;
                    (B) Rockingham County Route 624;
                    (C) Rockingham County Route 625;
                    (D) Rockingham County Route 626;
                    (E) Warren County Route 604;
                    (F) Page County Route 759;
                    (G) Page County Route 611;
                    (H) Page County Route 682;
                    (I) Page County Route 662;
                    (J) Augusta County Route 611;
                    (K) Augusta County Route 619;
                    (L) Albemarle County Route 614;
                    (M) Augusta County Route 661;
                    (N) Rockingham County Route 663;
                    (O) Rockingham County Route 659;
                    (P) Page County Route 669;
                    (Q) Rockingham County Route 661;
                    (R) Criser Road (to Town of Front Royal); or
                    (S) the government-owned parcel connecting Criser 
                Road to the Warren County School Board parcel.

              TITLE III--COLONIAL NATIONAL HISTORICAL PARK

SEC. 301. MODIFICATION OF BOUNDARY.

    Notwithstanding the provisions of the Act of June 28, 1938 (52 
Stat. 1208; 16 U.S.C. 81b, 81d), limiting the average width of the 
Colonial Parkway, the Secretary of the Interior (hereinafter in this 
title referred to as the ``Secretary'') is authorized to include within 
the Colonial National Historical Park, and to acquire by donation or 
exchange, lands and interests in lands (with or without improvements) 
within the areas depicted on the map dated August 1993, numbered 333/
80031A, and entitled ``Page Landing Addition to Colonial National 
Historical Park''. Such map shall be on file and available for 
inspection in the offices of the National Park Service at Colonial 
National Historical Park and in Washington, District of Columbia.

SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYSTEM AND RIGHTS-OF-WAY.

    (a) In General.--The Secretary is authorized to transfer, without 
reimbursement (except as provided in subsection (c)), to York County, 
Virginia, any portion of the existing sewage disposal system, including 
related improvements and structures, that is owned by the United States 
and located within the Colonial National Historical Park, together with 
such rights-of-way as the Secretary determines to be necessary to 
maintain and operate such system.
    (b) Repair and Rehabilitation of System.--The Secretary is 
authorized to enter into a cooperative agreement with York County, 
Virginia, under which the Secretary will pay a portion, not to exceed 
$110,000, of the costs of repair and rehabilitation of the sewage 
disposal system referred to in subsection (a).
    (c) Effect of Agreement on Charges, Impact, and Alterations.--In 
consideration for the rights-of-way granted under subsection (a), in 
recognition of the contribution authorized under subsection (b), and as 
a condition of the transfer authorized by subsection (a), the 
cooperative agreement under subsection (b) shall provide for a 
reduction in, or the elimination of, the amounts charged to the 
National Park Service for its sewage disposal with respect to the 
Colonial National Historical Park, shall provide for minimizing the 
impact of the park's sewage disposal system on the park and its 
resources, and shall provide that such system may not be enlarged or 
substantially altered without the concurrence of the director of the 
National Park Service.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

                TITLE IV--SHENANDOAH VALLEY BATTLEFIELDS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Shenandoah Valley Battlefields 
Partnership Act of 1995''.

SEC. 402. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) there are situated in the Shenandoah Valley in the 
        Commonwealth of Virginia the sites of several key Civil War 
        battles;
            (2) certain sites, battlefields, structures, and districts 
        in the Shenandoah Valley are collectively of national 
        significance in the history of the Civil War;
            (3) in 1990, the Congress enacted legislation directing the 
        Secretary of the Interior to prepare a comprehensive study of 
        significant sites and structures associated with Civil War 
        battles in the Shenandoah Valley;
            (4) the study, which was completed in 1992, found that many 

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