S 1303 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1303CommentsClose CommentsPermalink

To authorize the Secretary of the Interior to establish Fort Monroe National Historical Park in the Commonwealth of Virginia, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 29, 2011CommentsClose CommentsPermalink

Mr. WEBB (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize the Secretary of the Interior to establish Fort Monroe National Historical Park in the Commonwealth of Virginia, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Fort Monroe National Historical Park Establishment Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COMMONWEALTH- The term ‘Commonwealth’ means--CommentsClose CommentsPermalink





(A) the Commonwealth of Virginia; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) FORT- The term ‘Fort’ means the third system fortification historically referred to as ‘Fortress Monroe’, including--CommentsClose CommentsPermalink





(A) the moat; andCommentsClose CommentsPermalink





(B) the land and improvements within the Fort and adjacent to the outside perimeter of the moat.CommentsClose CommentsPermalink





(3) HISTORIC AREA- The term ‘historic area’ means the Fort Monroe National Historic Landmark located outside the boundary of the Park.CommentsClose CommentsPermalink





(4) HISTORIC RESOURCES- The term ‘historic resources’ means any land, cultural landscapes, buildings, or structures that are--CommentsClose CommentsPermalink





(A) located within the Fort; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) MANAGEMENT PLAN- The term ‘management plan’ means the general management plan for the Park developed under section (4)(i).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(8) PARK- The term ‘Park’ means the Fort Monroe National Historical Park established by section (3)(a).CommentsClose CommentsPermalink





(9) PROJECT- The term ‘project’ means any activity, restoration, rehabilitation, interpretive exhibit or device, or physical improvement for which Federal funds have been expended.CommentsClose CommentsPermalink





(10) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Park are--CommentsClose CommentsPermalink





(1) to preserve the historic resources and natural and recreational resources;CommentsClose CommentsPermalink





(2) to provide land and water-based recreational opportunities at the Park; andCommentsClose CommentsPermalink





(3) to interpret for the benefit of present and future generations--CommentsClose CommentsPermalink





(A) Old Point Comfort, including recognizing--CommentsClose CommentsPermalink





(i) the relationship of Old Point Comfort to the voyages of Captain John Smith;CommentsClose CommentsPermalink





(ii) the location of Old Point Comfort as the first entry place of captive Africans into English North America;CommentsClose CommentsPermalink





(iii) the use of Old Point Comfort for successive fortifications; andCommentsClose CommentsPermalink





(iv) the role of Old Point Comfort in the War of 1812;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) the role of the Fort in the Civil War, including--CommentsClose CommentsPermalink





(i) the use of the Fort as a haven for individuals escaping enslavement during the Civil War; andCommentsClose CommentsPermalink





(ii) the formation and service of U.S. Colored Troop units stationed at Fort Monroe;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(E) the natural and recreational resources associated with the Fort.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink

SEC. 4. ADMINISTRATION.

(a) In General- The Secretary shall administer the Park in accordance with--CommentsClose CommentsPermalink





(1) this Act; andCommentsClose CommentsPermalink





(2) the laws generally applicable to units of the National Park System, including--CommentsClose CommentsPermalink





(A) the National Park Service Organic Act (16 U.S.C. 1 et seq.); andCommentsClose CommentsPermalink





(B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).CommentsClose CommentsPermalink





(b) Federal, State, and Local Jurisdiction-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(B) to carry out Commonwealth laws, regulations, and rules on non-Federal land located within the boundary of the Park.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(2) section 106 of the National Historic Preservation Act (16 U.S.C. 470f).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) be beneficial to the preservation of Park resources; andCommentsClose CommentsPermalink





(2) further the interpretive or educational purposes of the Park.CommentsClose CommentsPermalink





(e) Cooperative Agreements and Visitor Services-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) LIMITATIONS- The Secretary shall not enter into any cooperative agreement under this subsection until the Secretary--CommentsClose CommentsPermalink





(A) determines that--CommentsClose CommentsPermalink





(i) sufficient historic resources and natural and recreational resources have been acquired to constitute a manageable unit; andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) has entered into a written agreement with the Commonwealth providing--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) jointly operate and maintain the facilities with the Commonwealth.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) TERMS AND CONDITIONS OF AGREEMENTS- Any cooperative agreement entered into under paragraph (1) shall include terms and conditions that ensure that--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) conducting visitors through the properties; andCommentsClose CommentsPermalink





(ii) interpreting the properties for the public;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the amounts made available to the project by the United States; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Acquisition of Land-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PRIORITY- The Secretary shall give priority to the acquisition of land or interests in land under this subsection in the following properties:CommentsClose CommentsPermalink





(A) The Old Headquarters Building (Building #1).CommentsClose CommentsPermalink





(B) The Bachelors Officers Quarters (Building #50).CommentsClose CommentsPermalink





(C) Lee’s Quarters (Building #17).CommentsClose CommentsPermalink





(D) The Parade Ground.CommentsClose CommentsPermalink





(E) Casemate #22.CommentsClose CommentsPermalink





(F) The North Beach and associated submerged land as depicted on the map.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(g) Technical Assistance and Public Interpretation-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(h) Old Point Comfort Lighthouse-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(i) Management Plan-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)); andCommentsClose CommentsPermalink





(B) any other applicable laws.CommentsClose CommentsPermalink





(2) CONSIDERATION OF COMMONWEALTH LAWS, PLANS AND AGREEMENTS- In developing the management plan, the Secretary shall consider--CommentsClose CommentsPermalink





(A) the Fort Monroe Reuse Plan;CommentsClose CommentsPermalink





(B) the Fort Monroe Programmatic Agreement dated April 27, 2009 (and any amendments to the agreement); andCommentsClose CommentsPermalink





(C) the State of Virginia Fort Monroe Authority Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink