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] ...
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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