February 25, 2025
Mr. Scott of Virginia (for himself, Mr. Wittman, Ms. McClellan, and Mrs. Kiggans of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources
To establish the Fort Monroe National Historical Park in the Commonwealth of Virginia, and for other purposes.
Section 1. Short title
This Act may be cited as the Fort Monroe National Historical Park Establishment Act
.
Sec. 2. Definitions
In this Act:
(1) Commonwealth
The term Commonwealth means the Commonwealth of Virginia.
(2) Map
The term Map means the map titled Fort Monroe National Historical Park Proposed Boundary
, numbered 250/193734, and dated June 2024.
(3) Historical park
The term Historical Park means the Fort Monroe National Historical Park established by section (3)(a).
(4) Secretary
The term Secretary means the Secretary of the Interior.
Sec. 3. Establishment of Fort Monroe National Historical Park
(a) In general
There is established the Fort Monroe National Historical Park in the Commonwealth to preserve the historic, natural, and recreational resources of Fort Monroe and interpret for the benefit of present and future generations—
(1)
Old Point Comfort, its relationship to the voyages of Captain John Smith, its location as the first entry place of captive Africans into English North America, its use for successive fortifications, and its role in the War of 1812;
(2)
the development and use of Fort Monroe as a coastal defense facility and artillery training center, including its military and community life;
(3)
the fort’s role in the Civil War, including the 1861 Contraband Decision providing a pathway to freedom for those escaping enslavement during that war, and the formation and service of United States Colored Troop units stationed at Fort Monroe;
(4)
persons and events associated with the fort, which contributed to its and the Nation’s history, and their relevance to modern society; and
(5)
the natural and recreational resource values associated with Fort Monroe.
(b) Abolishment of national monument
The Fort Monroe National Monument, established by Presidential Proclamation 8750 of November 1, 2011 (54 U.S.C. 320301 note), is abolished and all land or interests in land therein are incorporated into, and shall be considered to be part of, the Historical Park.
(c) Availability of funds
Any unobligated funds available for purposes of the Fort Monroe National Monument shall be available for purposes of the Historical Park.
(d) References
Any reference in a law, regulation, document, record, map, or other paper of the United States to Fort Monroe National Monument shall be deemed to be a reference to Fort Monroe National Historical Park
.
Sec. 4. Boundary; Acquisition of land
(a) Boundary
The boundary of the Historical Park shall be as generally depicted on the Map.
(b) Availability of Map
The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(c) Acquisition of land
The Secretary may acquire land, including interests in land, within the boundaries of the Historical Park by donation, transfer, exchange, or purchase from a willing seller using donated or appropriated funds.
Sec. 5. Administration
(a) In general
The Secretary shall administer the Historical Park in accordance with—
(1)
this Act; and
(2)
the laws generally applicable to units of the National Park System, including—
(A)
section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code; and
(B)
chapter 3201 of title 54, United States Code.
(b) Federal, commonwealth, and local jurisdiction
(1) Federal authority
Except as otherwise provided in this Act, nothing shall enlarge, diminish or modify any authority of the United States to carry out Federal laws and regulations on Federal land located within the boundary of the Historical Park.
(2) Commonwealth authority
Nothing in this Act enlarges, diminishes, or modifies any authority of the Commonwealth, or any political subdivision of the Commonwealth—
(A)
to exercise civil and criminal jurisdiction unless an agreement for concurrent jurisdiction is executed and modifies Commonwealth or local government jurisdiction in any way; or
(B)
to carry out Commonwealth laws, regulations and rules on non-Federal land located within the boundary of the Historical Park.
(c) No net loss of commonwealth owned buildings and structures
In the event of loss or authorized demolition of buildings or structures within the Fort Monroe National Historic Landmark District, replacement of the square footage from such loss or demolition shall be permitted provided that such construction complies with the Secretary’s Standards for the Treatment of Historic Properties, and section 306108 of title 54, United States Code (formerly section 106 of the National Historic Preservation Act), as applicable.
(d) Authorization of ex-Officio appointments
The Superintendent of the Historical Park is authorized to serve as an ex-officio member of such boards or committees affecting Fort Monroe that the Secretary considers beneficial to the preservation of Historical Park resources and which further the interpretive or educational purposes of the Historical Park.
(e) Cooperative agreements
The Secretary may enter into cooperative agreements with the Commonwealth or other public or private entities to identify, interpret, and provide financial and technical assistance for the preservation of non-Federal resources within the boundary of the Historical Park and outside of the boundary in close proximity to the Historical Park provided that—
(1)
any cooperative agreement entered into to provide assistance to non-Federal land shall provide for reasonable public access to the non-Federal land;
(2)
no changes or alterations shall be made to the exterior of the properties except by mutual agreement of the other parties to the agreements; and
(3)
the Federal share of the total cost of any activity carried out under the agreement shall be not more than 50 percent, with in-kind contributions or goods or services fairly valued authorized, as appropriate, for the non-Federal share.
(f) Adaptive reuse
Nothing in this Act shall be construed to inhibit the Commonwealth from providing for the adaptive reuse of the interior of any non-federally owned historic resource in accordance with the Secretary’s Standards for the Treatment of Historic Properties.