[107th Congress Public Law 373]
[From the U.S. Government Printing Office]
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[DOCID: f:publ373.107]
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CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK ACT
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Public Law 107-373
107th Congress
An Act
To designate the Cedar Creek and Belle Grove National Historical Park as
a unit of the National Park System, and for other purposes. <<NOTE: Dec.
19, 2002 - [H.R. 4944]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Cedar Creek and
Belle Grove National Historical Park Act. Virginia. 16 USC 410iii
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cedar Creek and Belle Grove National
Historical Park Act''.
SEC. 2. PURPOSE. <<NOTE: USC 410iii.>>
The purpose of this Act is to establish the Cedar Creek and Belle
Grove National Historical Park in order to--
(1) help preserve, protect, and interpret a nationally
significant Civil War landscape and antebellum plantation for
the education, inspiration, and benefit of present and future
generations;
(2) tell the rich story of Shenandoah Valley history from
early settlement through the Civil War and beyond, and the
Battle of Cedar Creek and its significance in the conduct of the
war in the Shenandoah Valley;
(3) preserve the significant historic, natural, cultural,
military, and scenic resources found in the Cedar Creek
Battlefield and Belle Grove Plantation areas through
partnerships with local landowners and the community; and
(4) serve as a focal point to recognize and interpret
important events and geographic locations within the Shenandoah
Valley Battlefields National Historic District representing key
Civil War battles in the Shenandoah Valley, including those
battlefields associated with the Thomas J. (Stonewall) Jackson
campaign of 1862 and the decisive campaigns of 1864.
SEC. 3. FINDINGS. <<NOTE: 16 USC 410iii-1.>>
Congress finds the following:
(1) The Battle of Cedar Creek, also known as the battle of
Belle Grove, was a major event of the Civil War and the history
of this country. It represented the end of the Civil War's
Shenandoah Valley campaign of 1864 and contributed to the
reelection of President Abraham Lincoln and the eventual outcome
of the war.
(2) 2,500 acres of the Cedar Creek Battlefield and Belle
Grove Plantation were designated a national historic landmark in
1969 because of their ability to illustrate and interpret
important eras and events in the history of the United States.
The Cedar Creek Battlefield, Belle Grove Manor House, the
[[Page 116 STAT. 3105]]
Heater House, and Harmony Hall (a National Historic Landmark)
are also listed on the Virginia Landmarks Register.
(3) The Secretary of the Interior has approved the
Shenandoah Valley Battlefields National Historic District
Management Plan and the National Park Service Special Resource
Study, both of which recognized Cedar Creek Battlefield as the
most significant Civil War resource within the historic
district. The management plan, which was developed with
extensive public participation over a 3-year period and is
administered by the Shenandoah Valley Battlefields Foundation,
recommends that Cedar Creek Battlefield be established as a new
unit of the National Park System.
(4) The Cedar Creek Battlefield Foundation, organized in
1988 to preserve and interpret the Cedar Creek Battlefield and
the 1864 Valley Campaign, has acquired 308 acres of land within
the boundaries of the National Historic Landmark. The foundation
annually hosts a major reenactment and living history event on
the Cedar Creek Battlefield.
(5) Belle Grove Plantation is a Historic Site of the
National Trust for Historic Preservation that occupies 383 acres
within the National Historic Landmark. The Belle Grove Manor
House was built by Isaac Hite, a Revolutionary War patriot
married to the sister of President James Madison, who was a
frequent visitor at Belle Grove. President Thomas Jefferson
assisted with the design of the house. During the Civil War
Belle Grove was at the center of the decisive battle of Cedar
Creek. Belle Grove is managed locally by Belle Grove,
Incorporated, and has been open to the public since 1967. The
house has remained virtually unchanged since it was built in
1797, offering visitors an experience of the life and times of
the people who lived there in the 18th and 19th centuries.
(6) The panoramic views of the mountains, natural areas, and
waterways provide visitors with an inspiring setting of great
natural beauty. The historic, natural, cultural, military, and
scenic resources found in the Cedar Creek Battlefield and Belle
Grove Plantation areas are nationally and regionally
significant.
(7) The existing, independent, not-for-profit organizations
dedicated to the protection and interpretation of the resources
described above provide the foundation for public-private
partnerships to further the success of protecting, preserving,
and interpreting these resources.
(8) None of these resources, sites, or stories of the
Shenandoah Valley are protected by or interpreted within the
National Park System.
SEC. 4. DEFINITIONS. <<NOTE: 16 USC 410iii-2.>>
In this Act:
(1) Commission.--The term ``Commission'' means the Cedar
Creek and Belle Grove National Historical Park Advisory
Commission established by section 9.
(2) Map.--The term ``Map'' means the map entitled ``Boundary
Map Cedar Creek and Belle Grove National Historical Park'',
numbered CEBE-80,001, and dated September 2002.
(3) Park.--The term ``Park'' means the Cedar Creek and Belle
Grove National Historical Park established under section 5 and
depicted on the Map.
[[Page 116 STAT. 3106]]
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. <<NOTE: 16 USC 410iii-3.>> ESTABLISHMENT OF CEDAR CREEK AND
BELLE GROVE NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park, consisting of approximately 3,000 acres,
as generally depicted on the Map.
(b) Availability of Map.--The Map shall be on file and available for
public inspection in the offices of the National Park Service,
Department of the Interior.
SEC. 6. ACQUISITION OF PROPERTY. <<NOTE: 16 USC 410iii-4.>>
(a) Real Property.--The Secretary may acquire land or interests in
land within the boundaries of the Park, from willing sellers only, by
donation, purchase with donated or appropriated funds, or exchange.
(b) Boundary Revision.--After acquiring land for the Park, the
Secretary shall--
(1) revise the boundary of the Park to include newly
acquired land within the boundary; and
(2) administer newly acquired land subject to applicable
laws (including regulations).
(c) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, interpretation of the Park.
(d) Conservation Easements and Covenants.--The Secretary is
authorized to acquire conservation easements and enter into covenants
regarding lands in or adjacent to the Park from willing sellers only.
Such conservation easements and covenants shall have the effect of
protecting the scenic, natural, and historic resources on adjacent lands
and preserving the natural or historic setting of the Park when viewed
from within or outside the Park.
(e) Support Facilities.--The National Park Service is authorized to
acquire from willing sellers, land outside the Park boundary but in
close proximity to the Park, for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
SEC. 7. ADMINISTRATION. <<NOTE: 16 USC 410iii-5.>>
The Secretary shall administer the Park in accordance with this Act
and the provisions of law generally applicable to units of the National
Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes'',
approved August 21, 1935 (16 U.S.C. 461 et seq.).
SEC. 8. MANAGEMENT OF PARK. <<NOTE: 16 USC 410iii-6.>>
(a) Management Plan.--The Secretary, in consultation with the
Commission, shall prepare a management plan for the Park. In particular,
the management plan shall contain provisions to address the needs of
owners of non-Federal land, including independent nonprofit
organizations within the boundaries of the Park.
(b) <<NOTE: Deadline.>> Submission of Plan to Congress.--Not later
than 3 years after the date of the enactment of this Act, the Secretary
shall
[[Page 116 STAT. 3107]]
submit the management plan for the Park to the Committee on Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
SEC. <<NOTE: 16 USC 410iii-7.>> 9. CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK ADVISORY COMMISSION.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park Advisory Commission.
(b) Duties.--The Commission shall--
(1) advise the Secretary in the preparation and
implementation of a general management plan described in section
8; and
(2) advise the Secretary with respect to the identification
of sites of significance outside the Park boundary deemed
necessary to fulfill the purposes of this Act.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed by the Secretary so as to include the
following:
(A) 1 representative from the Commonwealth of
Virginia.
(B) 1 representative each from the local governments
of Strasburg, Middletown, Frederick County, Shenandoah
County, and Warren County.
(C) 2 representatives of private landowners within
the Park.
(D) 1 representative from a citizen interest group.
(E) 1 representative from the Cedar Creek
Battlefield Foundation.
(F) 1 representative from Belle Grove, Incorporated.
(G) 1 representative from the National Trust for
Historic Preservation.
(H) 1 representative from the Shenandoah Valley
Battlefields Foundation.
(I) 1 ex-officio representative from the National
Park Service.
(J) 1 ex-officio representative from the United
States Forest Service.
(2) Chairperson.--The Chairperson of the Commission shall be
elected by the members to serve a term of one year renewable for
one additional year.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(4) Terms of service.--
(A) In general.--Each member shall be appointed for
a term of 3 years and may be reappointed for not more
than 2 successive terms.
(B) Initial members.--Of the members first appointed
under paragraph (1), the Secretary shall appoint--
(i) 4 members for a term of 1 year;
(ii) 5 members for a term of 2 years; and
(iii) 6 members for a term of 3 years.
(5) Extended service.--A member may serve after the
expiration of that member's term until a successor has taken
office.
[[Page 116 STAT. 3108]]
(6) Majority rule.--The Commission shall act and advise by
affirmative vote of a majority of its members.
(7) Meetings.--The Commission shall meet at least quarterly
at the call of the chairperson or a majority of the members of
the Commission.
(8) Quorum.--8 members shall constitute a quorum.
(d) Compensation.--Members shall serve without pay. Members who are
full-time officers or employees of the United States, the Commonwealth
of Virginia, or any political subdivision thereof shall receive no
additional pay on account of their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of service for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
(f) Hearings; Public Involvement.--The Commission may, for purposes
of carrying out this Act, hold such hearings, sit and act at such times
and places, take such public testimony, and receive such evidence, as
the Commission considers appropriate. The Commission may not issue
subpoenas or exercise any subpoena authority.
SEC. <<NOTE: 16 USC 410iii-8.>> 10. CONSERVATION OF CEDAR CREEK AND
BELLE GROVE NATIONAL HISTORICAL PARK.
(a) Encouragement of Conservation.--The Secretary and the Commission
shall encourage conservation of the historic and natural resources
within and in proximity of the Park by landowners, local governments,
organizations, and businesses.
(b) Provision of Technical Assistance.--The Secretary may provide
technical assistance to local governments, in cooperative efforts which
complement the values of the Park.
(c) Cooperation by Federal Agencies.--Any Federal entity conducting
or supporting activities directly affecting the Park shall consult,
cooperate, and, to the maximum extent practicable, coordinate its
activities with the Secretary in a manner that--
(1) is consistent with the purposes of this Act and the
standards and criteria established pursuant to the general
management plan developed pursuant to section 8;
(2) is not likely to have an adverse effect on the resources
of the Park; and
(3) is likely to provide for full public participation in
order to consider the views of all interested parties.
SEC. 11. ENDOWMENT. <<NOTE: 16 USC 410iii-9.>>
(a) In General.--In accordance with the provisions of subsection
(b), the Secretary is authorized to receive and expend funds from an
endowment to be established with the National Park Foundation, or its
successors and assigns.
(b) Conditions.--Funds from the endowment referred to in subsection
(a) shall be expended exclusively as the Secretary, in consultation with
the Commission, may designate for the interpretation, preservation, and
maintenance of the Park resources and public access areas. No
expenditure shall be made pursuant to this section unless the Secretary
determines that such expenditure is consistent with the purposes of this
Act.
[[Page 116 STAT. 3109]]
SEC. 12. COOPERATIVE AGREEMENTS. <<NOTE: 16 USC 410iii-10.>>
(a) In General.--In order to further the purposes of this Act, the
Secretary is authorized to enter into cooperative agreements with
interested public and private entities and individuals (including the
National Trust for Historic Preservation, Belle Grove, Inc., the Cedar
Creek Battlefield Foundation, the Shenandoah Valley Battlefields
Foundation, and the Counties of Frederick, Shenandoah, and Warren),
through technical and financial assistance, including encouraging the
conservation of historic and natural resources of the Park.
(b) Technical and Financial Assistance.--The Secretary may provide
to any person, organization, or governmental entity technical and
financial assistance for the purposes of this Act, including the
following:
(1) Preserving historic structures within the Park.
(2) Maintaining the natural or cultural landscape of the
Park.
(3) Local preservation planning, interpretation, and
management of public visitation for the Park.
(4) Furthering the goals of the Shenandoah Valley
Battlefields Foundation related to the Park.
SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS. <<NOTE: 16 USC 410iii-
11.>>
(a) In General.--In recognition that central portions of the Park
are presently owned and operated for the benefit of the public by key
partner organizations, the Secretary shall acknowledge and support the
continued participation of these partner organizations in the management
of the Park.
(b) Park Partners.--Roles of the current key partners include the
following:
(1) Cedar creek battlefield foundation.--The Cedar Creek
Battlefield Foundation may--
(A) continue to own, operate, and manage the lands
acquired by the Foundation within the Park;
(B) continue to conduct reenactments and other
events within the Park; and
(C) transfer ownership interest in portions of their
land to the National Park Service by donation, sale, or
other means that meet the legal requirements of National
Park Service land acquisitions.
(2) National trust for historic preservation and belle grove
incorporated.--The National Trust for Historic Preservation and
Belle Grove Incorporated may continue to own, operate, and
manage Belle Grove Plantation and its structures and grounds
within the Park boundary. Belle Grove Incorporated may continue
to own the house and grounds known as Bowman's Fort or Harmony
Hall for the purpose of permanent preservation, with a long-term
goal of opening the property to the public.
(3) Shenandoah county.--Shenandoah County may continue to
own, operate, and manage the Keister park site within the Park
for the benefit of the public.
(4) Park community partners.--The Secretary shall cooperate
with the Park's adjacent historic towns of Strasburg and
Middletown, Virginia, as well as Frederick, Shenandoah, and
Warren counties in furthering the purposes of the Park.
[[Page 116 STAT. 3110]]
(5) Shenandoah valley battlefields foundation.--The
Shenandoah Valley Battlefields Foundation may continue to
administer and manage the Shenandoah Valley Battlefields
National Historic District in partnership with the National Park
Service and in accordance with the Management Plan for the
District in which the Park is located.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 410iii-12.>>
There is authorized to be appropriated such sums as are necessary to
carry out this Act.
Approved December 19, 2002.
LEGISLATIVE HISTORY--H.R. 4944 (S. 2623):
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HOUSE REPORTS: No. 107-713 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 1, considered and passed House.
Nov. 19, considered and passed Senate.
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