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S.1303 - Fort Monroe National Historical Park Establishment Act of 2011
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.
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SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
(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
(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
(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
SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK.
(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
(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
SEC. 4. ADMINISTRATION.
(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
(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
(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) 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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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