[House Report 116-640]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-640
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TO DIRECT THE SECRETARY OF THE INTERIOR TO REMOVE THE STATUE TO THE
MEMORY AND IN HONOR OF ALBERT PIKE ERECTED NEAR JUDICIARY SQUARE IN THE
DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES
_______
December 14, 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. 4135]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4135) to direct the Secretary of the Interior to
remove the statue to the memory and in honor of Albert Pike
erected near Judiciary Square in the District of Columbia, 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. REMOVAL OF STATUE OF ALBERT PIKE.
(a) Removal.--The Secretary of the Interior, acting through the
Director of the National Park Service, shall remove the statue to the
memory and in honor of Albert Pike erected near Judiciary Square in the
District of Columbia under the ``Joint Resolution Granting permission
for the erection of a monument or statue in Washington City, District
of Columbia, in honor of the late Albert Pike.'', approved April 9,
1898 (30 Stat. 737).
(b) Relocation.--The Secretary of the Interior may donate the statue
to a museum or other similar entity, as determined appropriate by the
Secretary, to ensure its preservation and interpretation in an indoor
setting. The recipient of the statue may not store, display, or exhibit
the statue outside.
PURPOSE OF THE BILL
The purpose of H.R. 4135 is to direct the Secretary of the
Interior to remove and appropriately dispose of the statue to
the memory and in honor of Albert Pike erected near Judiciary
Square in the District of Columbia.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4135, as reported, requires the Secretary of the
Interior to remove and appropriately dispose of the statue of
Albert Pike erected near Judiciary Square in the District of
Columbia. The bill permits the Secretary of the Interior to
donate the statue to a museum or other similar entity, as
determined appropriate by the Secretary, to ensure its
preservation and interpretation in an indoor setting. The
legislation stipulates that the recipient of the statue may not
store, display, or exhibit the statue outside.
Albert Pike commanded armed forces against the United
States as a brigadier general in the Confederate States Army
for two years before he was accused of treason and ultimately
forced to resign in disgrace following reports from his fellow
officers that he was misappropriating funds and that soldiers
under his command were known to mutilate the bodies of American
soldiers. Following the war and a pardon from President Andrew
Johnson, Pike moved to Washington, D.C., in 1868 and played an
influential role in growing the largest Scottish Rite branch of
the Freemasons. The Masons lobbied Congress for land to erect a
monument to Pike and donated the majority of the funds needed
to build and install the statue in 1901. The Freemasons are in
support of permanently removing the statue ``so that it shall
not serve as a source of contention or strife for the residents
of [their] community.''\1\ The D.C. Mayor and D.C. Council also
support permanent removal of the statue.\2\
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\1\Jenna Portnoy, A Homeless Confederate? Albert Pike's Complicated
Legacy Leaves Statue in Limbo, Wash. Post. (Oct. 30, 2017), https://
www.washingtonpost.com/local/dc-politics/a-homeless-confederate-albert-
pikes-complicated-legacy-leaves-statue-in-limbo/2017/10/16/40fe05d6-
aa10 11e7 92d1 58c702d2d975_story.html.
\2\See, e.g., Council of DC (@councilofdc), Twitter (June 19, 2020,
11:48 PM), https://twitter.com/councilofdc/status/1274187263736532998
(noting Council efforts since 1992, including a unanimous resolution in
2017).
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COMMITTEE ACTION
H.R. 4135 was introduced on July 30, 2019, by
Representative Eleanor Holmes Norton (D-DC). 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. Chair Raul M. Grijalva (D-
AZ) offered an amendment designated Grijalva #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. 4135: 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.
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 appropriately dispose of the statue to
the memory and in honor of Albert Pike erected near Judiciary
Square in the District of Columbia.
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.