[House Report 106-139]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-139
======================================================================
PATRIOT ACT
_______
May 13, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 659]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 659) to authorize appropriations for the protection of
Paoli and Brandywine Battlefields in Pennsylvania, to direct
the National Park Service to conduct a special resource study
of Paoli and Brandywine Battlefields, to authorize the Valley
Forge Museum of the American Revolution at Valley Forge
National Historical Park, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America's Treasures of the
Revolution for Independence for Our Tomorrow Act'' or the ``PATRIOT
Act''.
TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS
SEC. 101. PAOLI BATTLEFIELD PROTECTION.
(a) Paoli Battlefield.--The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') is authorized to provide funds to the
borough of Malvern, Pennsylvania, for the acquisition of the area known
as the ``Paoli Battlefield'', located in the borough of Malvern,
Pennsylvania, as generally depicted on the map entitled``Paoli
Battlefield'' numbered 80,000 and dated April 1999 (referred to in this
title as the ``Paoli Battlefield''). The map shall be on file in the
appropriate offices of the National Park Service.
(b) Cooperative Agreement and Technical Assistance.--The Secretary
shall enter into a cooperative agreement with the borough of Malvern,
Pennsylvania, for the management by the borough of the Paoli
Battlefield. The Secretary may provide technical assistance to the
borough of Malvern to assure the preservation and interpretation of the
battlefield's resources.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $1,250,000 to carry out this section. Such funds shall be
expended in the ratio of $1 of Federal funds for each dollar of funds
contributed by non-Federal sources. Any funds provided by the Secretary
shall be subject to an agreement that provides for the protection of
the land's resources.
SEC. 102. BRANDYWINE BATTLEFIELD PROTECTION.
(a) Brandywine Battlefield.--
(1) In general.--The Secretary is authorized to provide funds
to the Commonwealth of Pennsylvania, a political subdivision of
the Commonwealth, or the Brandywine Conservancy, for the
acquisition, protection, and preservation of land in an area
generally known as the Meetinghouse Road Corridor, located in
Chester County, Pennsylvania, as depicted on a map entitled
``Brandywine Battlefield--Meetinghouse Road Corridor'',
numbered 80,000 and dated April 1999 (referred to in this title
as the ``Brandywine Battlefield''). The map shall be on file in
the appropriate offices of the National Park Service.
(2) Willing sellers or donors.--Interests in land shall be
acquired pursuant to this section only from willing sellers or
donors.
(b) Cooperative Agreement and Technical Assistance.--The Secretary
shall enter into a cooperative agreement with the same entity that is
provided funds under subsection (a) for the management by the entity of
the Brandywine Battlefield. The Secretary may also provide technical
assistance to the entity to assure the preservation and interpretation
of the battlefield's resources.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out this section. Such funds shall be
expended in the ratio of $1 of Federal funds for each dollar of funds
contributed by non-Federal sources. Any funds provided by the Secretary
shall be subject to an agreement that provides for the protection of
the land's resources.
SEC. 103. STUDY OF BATTLEFIELDS.
(a) In General.--Not later than 18 months after the date on which
funds are made available to carry out this section, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives a
resource study of the property described in sections 101 and 102.
(b) Contents.--The study shall--
(1) identify the full range of resources and historic themes
associated with the Paoli Battlefield and the Brandywine
Battlefield, including their relationship to the American
Revolutionary War and the Valley Forge National Historical
Park; and
(2) identify alternatives for National Park Service
involvement at the sites and include cost estimates for any
necessary acquisition, development, interpretation, operation,
and maintenance associated with the alternatives identified.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK
SEC. 201. SHORT TITLE.
This title may be cited as the ``Valley Forge Museum of the American
Revolution Act of 1999''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Valley Forge National Historical Park, formerly a State
park, was established as a unit of the National Park System in
1976. The National Park Service acquired various lands and
structures associated with the park, including a visitor
center, from the Commonwealth of Pennsylvania.
(2) Valley Forge National Historical Park maintains an
extensive collection of artifacts, books, and other documents
associated with the Continental Army's winter encampment of
1777-1778 at Valley Forge, Revolutionary War-era artifacts of
military life, important archaeological resources, and numerous
structures and associated artifacts.
(3) Between 1982 and 1997 the National Park Service completed
a general management plan, long-range interpretive plan, and
strategic business plan for Valley Forge National Historical
Park that establish goals and priorities for management of the
park.
(4) These plans identify inadequacies in the park's current
visitor center and interpretive programs. The plans call for
the development of a new or significantly renovated visitor
center that would make the collection accessible to the public
through exhibits and research facilities. Plans also call for
improving the interpretation of the landscape and improving the
circulation into and through the park.
(5) The Valley Forge Historical Society was established in
1918 as a nonprofit organization to preserve and interpret for
future generations the significant history and artifacts of the
American Revolution in their historic setting at Valley Forge.
The Valley Forge Historical Society has amassed valuable
holdings of artifacts, art, books, and other documents relating
to the 1777-1778 encampment of Washington's Continental Army at
Valley Forge, the American Revolution, and the American
colonial era. The Society continues to pursue additional
important collections through bequests, exchanges, and
acquisitions.
(6) The Society's collection is currently housed in a
facility inadequate to properly maintain, preserve, and display
their ever-growing collection. The Society is interested in
developing an up-to-date museum and education facility.
(7) The Society and the National Park Service have discussed
the idea of a joint museum and education and visitor facility.
Such a collaborative project would directly support the
historical, educational, and interpretive activities and needs
of Valley Forge National Historical Park and those of the
Valley Forge Historical Society. A joint facility would combine
2 outstanding museum collections and provide an enhanced
experience at Valley Forge for visitors, scholars, and
researchers.
(8) The Society has proposed to raise funds to construct a
new museum and education and visitor center on park property at
Valley Forge National Historical Park that would be planned,
developed, and operated jointly with Valley Forge National
Historical Park.
(b) Purpose.--The purpose of this title is to authorize the Secretary
of the Interior to enter into an agreement with the Valley Forge
Historical Society to construct and operate a museum within the
boundary of Valley Forge National Historical Park in cooperation with
the Secretary.
SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION.
(a) Agreement Authorized.--The Secretary of the Interior, in
administering the Valley Forge National Historical Park, is authorized
to enter into an agreement under appropriate terms and conditions with
the Valley Forge Historical Society to facilitate the planning,
construction, and operation of the Valley Forge Museum of the American
Revolution on Federal land within the boundary of Valley Forge National
Historical Park.
(b) Contents and Implementation of Agreement.--An agreement entered
into under subsection (a) shall--
(1) authorize the Society to develop and operate the museum
pursuant to plans developed by the Secretary and to provide at
the museum appropriate and necessary programs and services to
visitors to Valley Forge National Historical Park, related to
the story of Valley Forge and the American Revolution;
(2) only be carried out in a manner consistent with the
General Management Plan and other plans for the preservation
and interpretation of the resources and values of Valley Forge
National Historical Park;
(3) authorize the Secretary to undertake at the museum
activities related to the management of Valley Forge National
Historical Park, including, but not limited to, provision of
appropriate visitor information and interpretive facilities and
programs related to Valley Forge National Historical Park;
(4) authorize the Society, acting as a private nonprofit
organization, to engage in activities appropriate for operation
of a museum that may include, but are not limited to, charging
appropriate fees, conducting events, and selling merchandise,
tickets, and food to visitors to the museum;
(5) provide that the Society's revenues from the museum's
facilities and services shall be used to offset the expenses of
the museum's operation; and
(6) authorize the Society to occupy the structure(s) so
constructed for the term specified in the Agreement and subject
to the following terms and conditions:
(A) The conveyance by the Society to the United
States of America of all right, title, and interest in
the structure(s) to be constructed at Valley Forge
National Historical Park.
(B) The Society's right to occupy and use the
structure(s) shall be for the exhibition, preservation,
and interpretation of artifacts associated with the
Valley Forge story and the American Revolution, to
enhance the visitor experience of Valley Forge National
Historical Park, and to conduct appropriately related
activities of the Society consistent with its mission
and with the purposes for which the Valley Forge
National Historical Park was established. Such right
shall not be transferred or conveyed without the
express consent of the Secretary.
(C) Any other terms and conditions as may be
determined by the Secretary.
SEC. 204. PRESERVATION AND PROTECTION.
Nothing in this Act shall authorize the Secretary or the Society to
take any actions in derogation of the preservation and protection of
the values and resources of Valley Forge National Historical Park. An
agreement entered into under section 203 shall be construed and
implemented in light of the high public value and integrity of the
Valley Forge National Historical Park and the National Park System.
PURPOSE OF THE BILL
The purpose of H.R. 659 is to authorize appropriations for
the protection of Paoli and Brandywine Battlefields in
Pennsylvania, to direct the National Park Service to conduct a
special resource study of Paoli and Brandywine Battlefields,
and to authorize the Valley Forge Museum of the American
Revolution at Valley Forge National Historical Park.
BACKGROUND AND NEED FOR LEGISLATION
Both the Paoli and Brandywine battles in Pennsylvania
played a significant role in the American Revolutionary War.
Near to one another and to Valley Forge, both battles took
place in September of 1777 when 18,000 British troops invaded
Pennsylvania with the intention of capturing Philadelphia. The
Battle of Brandywine was fought between British and American
troops commanded by Generals William Howe and George
Washington, respectively. This battle was the largest land
battle of the Revolutionary War and one of the few times that
both senior generals commanding their respective armies engaged
in battle. Paoli entailed a rear guard action by ``Mad''
Anthony Wayne's brigade in which he was overrun by British
troops. Even though most of his forces were able to escape,
over 50 American soldiers had been killed and another 150 were
severely wounded. This became a rallying cry for Colonial
troops and led historians to refer to this battle as ``The
Paoli Massacre.'' Soon after these military engagements, the
Colonial troops made camp at Valley Forge, Pennsylvania, and
spent the famous winter of 1777-1778 there.
H.R. 659 is comprised of two titles. Title I authorizes
appropriations for the protection of both the Paoli and
Brandywine Battlefields in Pennsylvania. This bill also directs
the National Park Service to conduct a special resource study
of the Paoli and Brandywine Battlefields. The studies are being
conducted after the acquisitions because the owners of
properties desire to put them on the open real estate market;
thus, it is necessary to purchase them beforehand. The resource
studies for the two battlefields will be completed not later
than 18 months after funds are made available. Appropriations
for the Paoli and Brandywine Battlefields will be no more than
$1.25 million and $3.0 million respectively. The Committee
emphasizes that the monies appropriated for both of these
battlefields will only be used for the protection of the park,
its resources, and its acquisition and are to be spent per
agreement with the Secretary of the Interior. Furthermore, the
appropriations must be matched dollar for dollar by non-Federal
sources. Title I also directs the Secretary of the Interior to
enter into cooperative agreements with appropriate entities for
the management of each of the battlefields and to provide
technical assistance.
Title II authorizes the establishment of Valley Forge
Museum of the American Revolution at Valley Forge National
Historical Park, Pennsylvania, by authorizing the Secretary of
the Interior to enter into an agreement with the Valley Forge
Historical Society. The agreement requires that the Society
will construct and operate a Revolutionary War museum within
the boundaries of the Valley Forge National Historical Park.
After the museum has been built, all right, title, and interest
in the structure(s) would be conveyed to the federal
government. However, the Society would continue to operate the
facility. The Society is also authorized to charge fees,
conduct events, and sell food and merchandise to museum
visitors to raise revenue for its operation. In no case,
however, will any action or activity be taken in derogation of
the preservation and protection of the values and resources of
the Historical Park.
COMMITTEE ACTION
H. R. 659 was introduced on February 9, 1999, by
Congressman Curt Weldon (R-PA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On March 11,
1999, the Subcommittee held a hearing on H.R. 659 where
Katherine Stevenson, Associate Director of Cultural Resources
Stewardship and Partnerships, testified in favor of the bill.
On March 18, 1999, the Subcommittee met to consider the bill.
An amendment in the nature of a substitute was offered by
Congressman James V. Hansen (R-UT) and adopted by voice vote.
The bill was then ordered favorably reported to the Full
Resource Committee by voice vote. On April 28, 1999, the Full
Resource Committee met to consider H.R. 659. No further
amendments were offered and the bill, as amended, was ordered
favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 7, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 659, the PATRIOT
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs), and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 659--PATRIOT Act
Assuming appropriation of the authorized and estimated
amounts, CBO estimates that implementing H.R. 659 would cost
the federal government about $5 million over the next five
years. H.R. 659 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply.
Title I would authorize the National Park Service (NPS) to
provide funds to Malvern, Pennsylvania, and the commonwealth of
Pennsylvania so that these entities would be able to purchase
the Paoli Battlefield and a portion of the Brandywine
Battlefield. For these purposes, title I would authorize the
appropriation of $4.25 million. In addition, the title would
authorize the appropriation of whatever sums are necessary for
a resource study of the acquired areas, which the NPS would
have to complete within 18 months of receiving funding.
Title II would authorize the NPS to execute an agreement
with the Valley Forge National Historical Society under which
the society would construct a museum within the boundaries of
the Valley Forge National Historical Park. This title would
authorize the NPS to provide visitor information and
interpretive facilities and programs at the museum. Although
the museum would be owned by the federal government, the
society would operate and maintain it with revenues it collects
from fees and sales of merchandise.
Assuming appropriation of the necessary amounts, CBO
estimates that the NPS would spend $4.5 million over the next
two years to finance the acquisition of the battlefield
properties and complete the required resource study. We
estimate that the agency would spend an additional $0.5 million
to $1 million to execute the agreement with the Valley Forge
National Historical Society and provide interpretive materials
for the museum. These estimates are based on information
provided by the NPS.
H.R. 659 contains on intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Pennsylvania and some local governments might incur some costs
as a result of the bill's enactment, but these costs would be
voluntary. The bill would require that federal funds provided
for land acquisition be matched with equal amounts of
nonfederal funds, some or all of which might be provided by the
commonwealth of Pennsylvania and local governments in that
state. Further, these governments could choose to manage these
properties under cooperative agreements with the National Park
Service. This bill would have no other significant impact on
the budgets of state, local, or tribal governments.
The CBO staff contacts are Deborah Reis (for federal costs)
and Marjorie Miller (for the state and local impact). This
estimate was approved by Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.