[House Report 116-608]
[From the U.S. Government Publishing Office]


116th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {        116-608

======================================================================



 
                    ROBERT E. LEE STATUE REMOVAL ACT

                                _______
                                

December 2, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 970]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 970) to direct the Secretary of the Interior to 
develop a plan for the removal of the monument to Robert E. Lee 
at the Antietam National Battlefield, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Robert E. Lee Statue Removal Act''.

SEC. 2. REMOVAL AND DISPOSAL OF MONUMENT.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary of the Interior, acting through the Director of the 
National Park Service, shall remove and appropriately dispose of the 
Monument to General Robert E. Lee at the Antietam National Battlefield.

                          PURPOSE OF THE BILL

    The purpose of H.R. 970 is to direct the Secretary of the 
Interior to remove and properly dispose of the Monument to 
Robert E. Lee at the Antietam National Battlefield.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 970, as reported, directs the Secretary of the 
Interior, acting through the Director of the National Park 
Service (NPS), to remove and appropriately dispose of the 
monument to Confederate General Robert E. Lee at the Antietam 
National Battlefield (Antietam) in Sharpsburg, Maryland, within 
180 days of enactment of the legislation.
    The 24-foot statue of Lee at Antietam was dedicated in 
2003, 138 years after the end of the Civil War. Though the 
statue was commissioned and placed by a private citizen on 
private land, the NPS acquired the property in 2005, making the 
plot the statue rests on federally owned land.\1\ In addition 
to the significant local backlash arising from the statue's 
unofficial commissioning, the statue itself is also 
historically inaccurate. For example, the statue depicts Lee on 
horseback although it is known that he traveled to Sharpsburg 
via ambulance due to a broken wrist. The statue also claims 
that Lee was ``personally against secession and slavery'' 
despite the fact that Lee led the secessionist forces and was a 
slaveowner who fought for states that each explicitly mentioned 
slavery as their justification for secession.
---------------------------------------------------------------------------
    \1\See Press Release, Office of Anthony Brown, U.S. Representative 
(Md.), Congressman Brown Introduces Legislation to Remove Statue of 
Robert E. Lee on Antietam National Battlefield (Sept. 15, 2017), 
https://anthonybrown.house.gov/news/documentsingle.aspx?DocumentID=332, 
of which the above text is largely excerpts.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H.R. 970 was introduced on February 5, 2019, by 
Representative Anthony G. Brown (D-MD). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On July 21, 2020, the Subcommittee held a hearing 
on the bill. On September 30, 2020, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Representative Brown offered 
an amendment designated Brown #1. The amendment was agreed to 
by voice vote. No additional amendments were offered, and the 
bill, as amended, was adopted and ordered favorably reported to 
the House of Representatives by voice vote.

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 970: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on July 21, 
2020.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of 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 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    Congressional Budget Office staff has informed the 
Committee on a preliminary, informal, nonbinding basis that the 
bill will likely have no direct spending or revenue effects.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to direct the Secretary of the 
Interior to remove and properly dispose of the Monument to 
Robert E. Lee at the Antietam National Battlefield.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]