101st CONGRESS
2d Session
H. R. 3248
AN ACT
To revise the boundary of Gettysburg National Military Park in the Commonwealth
of Pennsylvania, and for other purposes.
HR 3248 EH
101st CONGRESS
2d Session
H. R. 3248
AN ACT
To revise the boundary of Gettysburg National Military Park in the Commonwealth
of Pennsylvania, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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(a) LANDS INCLUDED IN THE PARK- In furtherance of the purposes of the Act
entitled `An Act to establish a national military park at Gettysburg,
Pennsylvania', approved February 11, 1895 (16 U.S.C. 430g et seq.),
the Gettysburg
National Military Park (hereafter in this Act referred to as the `park')
shall hereafter comprise the lands and interests in lands within the boundary
generally depicted as `Park Boundary' on the map entitled `Gettysburg National
Military Park Boundary Map', numbered NPS 305/80034-B, and dated March 1990,
which shall be on file and available for public inspection in the Office of
the Director of the National Park Service, Department of the Interior.
(b) LANDS EXCLUDED FROM THE PARK- Lands and interests in lands outside
of the boundary so depicted as `Park Boundary' on the map referred to in
subsection (a) are hereby excluded from the park and shall be disposed of
in accordance with the provisions of section 2(c).

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(a) GENERAL AUTHORITY- The Secretary is authorized to acquire lands and
interests in lands within the park by donation, purchase with donated or
appropriated funds, exchange, or otherwise. In acquiring lands and interests
in lands under this Act, the Secretary shall acquire the minimum Federal
interests necessary to achieve the objectives identified for specific
areas and the park.
(b) AUTHORITY TO CONVEY FREEHOLD AND LEASEHOLD INTERESTS WITHIN PARK-
The Secretary may convey lands and interests in lands within the park
authorized in accordance with subsection (a) of the Act of July 15, 1968
(16 U.S.C. 4601-22), except that, notwithstanding subsection (d) of that
section, the net proceeds from any such conveyance may be used, subject
to appropriations, to acquire lands and interests within the park.
(c) CONVEYANCE OF LANDS EXCLUDED FROM PARK- (1) The Secretary is authorized,
in accordance with applicable existing law, to exchange Federal lands and
interests excluded from the park pursuant to section 1(b) for the purpose
of acquiring lands within the park boundary.
(2) If any such Federal lands or interests are not exchanged within five
years after the date of enactment of this Act, the Secretary may sell any
or all such lands or interests to the highest bidder, in accordance with
such regulations as the Secretary may prescribe, but any such conveyance
shall be at not less than the fair market value of the land or interest,
as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to this
subsection shall be subject to such terms and conditions as will assure the
use of the property in a manner which, in the judgment of the Secretary, will
protect the park and the Gettysburg Battlefield Historic District (hereafter
in this Act referred to as the `historic district'). Notwithstanding any
other provision of law, the net proceeds from any such sale or exchange
shall be used, subject to appropriations, to acquire lands and interests
within the park.
(d) RELINQUISHMENT OF LEGISLATIVE JURISDICTION TO PENNSYLVANIA- With respect
to any lands over which the United States exercises exclusive or concurrent
legislative jurisdiction and which are excluded from the park pursuant to
section 1(b), the Secretary may relinquish to the State of Pennsylvania
such exclusive or concurrent legislative jurisdiction by filing with the
Governor a notice of relinquishment to take effect upon acceptance thereof,
unless otherwise provided by the laws of the State.

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PARK BOUNDARY.
The Secretary is authorized to enter into agreements with the owners of
property in proximity to but outside the boundary of the park on which
historic monuments and tablets commemorating the Battle of Gettysburg have
been erected on or before January 1, 1990. The Secretary may make funds
available, subject to appropriations, for the maintenance, protection, and
interpretation of such monuments and tablets pursuant to such agreements. In
addition, within the area depicted as the `Gettysburg Battlefield Historic
District' on the map referred to in section 1(a), or in proximity thereto,
the Secretary may, with the consent of the owner, acquire, by donation,
purchase, or exchange, lands and interests comprising such monuments and
tablets together with lands and interests necessary to provide adequate
public access thereto.

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(a) ENCOURAGEMENT OF CONSERVATION- The Secretary shall take appropriate
action to encourage conservation of the historic district by landowners,
local governments, organizations, and businesses.
(b) PRIORITIZATION OF GRANTS- Within the historic district, the Secretary
shall give priority in making grants under section 101(d), and in providing
technical assistance, information, and advice under section 101(h), of the
National Historic Preservation Act (16 U.S.C. 470a(d), (h)) to those programs
and activities in the historic district that will assure development and
use of natural and cultural resources in a manner that is consistent with
the conservation and maintenance of the district's historic character.
(c) PROVISION OF TECHNICAL ASSISTANCE- The Secretary may provide technical
assistance to assist local governments in cooperative efforts which
complement the values of the park and the historic district and to help
landowners prepare individual property plans which meet landowner and
conservation objectives in the historic district.
(d) REIMBURSEMENT OF PLANNING COSTS- The Secretary, under such terms and
conditions as the Secretary may prescribe and at the request of any local
or county government within the historic district, shall provide matching
reimbursements for up to 50 per centum of the planning costs incurred by such
government in the development of comprehensive plans and land use guidelines
which are consistent with conserving the historic character of the historic
district. Reimbursement may only be provided under this subsection to the
extent or in such amounts as are provided in appropriation Acts.
(e) ACCEPTANCE OF EASEMENT DONATIONS- The Secretary, upon recommendation from
the Director of the National Park Service, in consultation with the Advisory
Commission established under section 5, is authorized to accept donations
of conservation easements on land located within the historic district.
(f) FEDERAL CONSISTENCY- (1) Any Federal or federally assisted activity or
undertaking in the historic district, shall be consistent to the maximum
extent possible with the purposes of the preservation of the historic
district, including its rural, agricultural, and town elements, and
shall also comply with the National Historic Preservation Act and other
applicable laws.
(2) The head of any Federal agency (hereafter in this subsection referred
to as the `agency') having direct or indirect jurisdiction over a proposed
Federal or federally assisted undertaking in the historic district, and
the head of any Federal agency having authority to license or permit any
undertaking in such area, shall at the earliest feasible date prepare a
detailed analysis of any proposed action and submit it to the Secretary.
(3) The Secretary shall review the analysis and consult with the agency. If
after such review and consultation, the Secretary finds that the proposed
action is not consistent with the purposes identified in this subsection,
the agency shall not proceed with the action until after a justification
for the action has been submitted to the appropriate committees of Congress
with adequate time allowed for Congressional comment. Such justification
shall include the following elements: the anticipated effects on the
historic and commemorative character of the historic district, the social
and economic necessity for the proposed action, all possible alternatives
to the proposed action, the comparative benefits of proposed alternative
actions, and the mitigation measures outlined in the proposed action.

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(a) ESTABLISHMENT- There is hereby established the Gettysburg National
Military Park Advisory Commission (hereafter in this Act referred to as
the `Advisory Commission'). The Advisory Commission shall be composed of
eleven members, as follows:
(1) One member representing each of the local governments from the four
townships surrounding the park and the Borough of Gettysburg, appointed
by the Secretary.
(2) One member representing the Adams County, Pennsylvania government,
appointed by the Secretary.
(3) One member representing the State Historic Preservation Office of the
State of Pennsylvania, appointed by the Secretary.
(4) Two members who are residents of Adams County and who are knowledgeable
about the park and its resources, appointed by the Secretary, one of whom
shall own land or interests in land within the park boundary.
(5) One member with expertise in local historic preservation, appointed
by the Secretary.
(6) The Director of the National Park Service or his designee, ex officio.
Members shall be appointed for staggered terms of three years, as designated
by the Secretary at the time of the initial appointments. Any member of
the Advisory Commission appointed for a definite term may serve after
the expiration of his term until his successor is appointed. The Advisory
Commission shall designate one of its members as Chairperson. Six members
of the Advisory Commission shall constitute a quorum.
(b) MANAGEMENT AND DEVELOPMENT ISSUES- The Secretary, or his designee,
shall from time to time, but at least semiannually, meet and consult with
the Advisory Commission to coordinate the management of the park and the
historic district with local jurisdications.
(c) MEETINGS- The Advisory Commission shall meet on a regular basis. Notice
of meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area affected by the park. Advisory
Commission meetings shall be held at locations and in such a manner as to
ensure adequate public involvement.
(d) EXPENSES- Members of the Advisory Commission shall serve without
compensation as such, but the Secretary may pay expenses reasonably incurred
in carrying out their responsibilities under this Act on vouchers signed
by the Chairperson.
(e) CHARTER- The provisions of section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) are hereby waived with respect to this
Advisory Commission.

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In administering the park, the Secretary shall take such action as is
necessary and appropriate to interpret, for the benefit of visitors to
the park and the general public, the Battle of Gettysburg in the larger
context of the Civil War and American history, including the causes and
consequences of the Civil War and including the effects of the war on all
the American people.

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There are authorized to be appropriated such sums as may be necessary to
carry out the purposes of this Act.
Passed the House of Representatives May 1, 1990.
Attest:
Clerk.

2b4e232fd0b6d02e62f5d489b31584546849fa23c577d9adafa5237702b05794

To revise the boundary of Gettysburg National Military Park in the Commonwealth of Pennsylvania, and for other purposes.

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