[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 581 Reported in Senate (RS)]






                                                       Calendar No. 225
106th CONGRESS
  1st Session
                                 S. 581

                          [Report No. 106-117]

 To protect the Paoli and Brandywine Battlefields in Pennsylvania, to 
 authorize a Valley Forge Museum of the American Revolution at Valley 
        Forge National Historical Park, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 1999

  Mr. Specter introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             July 21, 1999

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To protect the Paoli and Brandywine Battlefields in Pennsylvania, to 
 authorize a Valley Forge Museum of the American Revolution at Valley 
        Forge National Historical Park, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Pennsylvania Battlefields 
Protection Act of 1999''.</DELETED>

     <DELETED>TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS</DELETED>

<DELETED>SEC. 101. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Brandywine battlefield.--The term ``Brandywine 
        Battlefield'' means land in an area generally known as the 
        Meetinghouse Road Corridor, located in Chester County, 
        Pennsylvania, as depicted on the Brandywine map.</DELETED>
        <DELETED>    (2) Brandywine map.--The term ``Brandywine map'' 
        means the map entitled ``Brandywine Battlefield-Meetinghouse 
        Road Corridor'', numbered </DELETED>________ <DELETED>and dated 
        </DELETED>______________<DELETED>.</DELETED>
        <DELETED>    (3) Paoli battlefield.--The term ``Paoli 
        Battlefield'' means the area located in the borough of Malvern, 
        Pennsylvania, as generally depicted on the Paoli map.</DELETED>
        <DELETED>    (4) Paoli map.--The term ``Paoli map'' means the 
        map entitled ``Paoli Battlefield'', numbered 71572 and dated 
        February 17, 1998.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Pennsylvania.</DELETED>

<DELETED>SEC. 102. PAOLI BATTLEFIELD PROTECTION.</DELETED>

<DELETED>    (a) Paoli Battlefield.--</DELETED>
        <DELETED>    (1) Funding.--The Secretary may provide funds to 
        the borough of Malvern, Pennsylvania for the protection and 
        preservation of the Paoli Battlefield.</DELETED>
        <DELETED>    (2) Availability of paoli map.--The Paoli map 
        shall be on file in the appropriate offices of the National 
        Park Service.</DELETED>
<DELETED>    (b) Cooperative Agreement and Technical Assistance.--
</DELETED>
        <DELETED>    (1) Cooperative agreement.--The Secretary shall 
        enter into a cooperative agreement with the borough of Malvern, 
        Pennsylvania for management of the Paoli Battlefield by the 
        borough.</DELETED>
        <DELETED>    (2) Technical assistance.--The Secretary may 
        provide technical assistance to the borough of Malvern to 
        ensure the preservation and interpretation of the resources of 
        the Paoli battlefield.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) In general.--There is authorized to be 
        appropriated $2,500,000 to carry out this section.</DELETED>
        <DELETED>    (2) Use of appropriated funds.--Amounts made 
        available under paragraph (1) shall be provided to the borough 
        of Malvern, Pennsylvania only to the extent that the funds are 
        matched, on an 1-to-1 basis, with contributions from non-
        Federal sources.</DELETED>
        <DELETED>    (3) Agreement on provision of funds.--Any use of 
        funds provided by the Secretary shall be in accordance with an 
        agreement that protects the resources of the Paoli 
        Battlefield.</DELETED>

<DELETED>SEC. 103. BRANDYWINE BATTLEFIELD PROTECTION.</DELETED>

<DELETED>    (a) Brandywine Battlefield.--</DELETED>
        <DELETED>    (1) In general.--The Secretary is authorized to 
        provide funds to the State, a political subdivision of the 
        State, or the Brandywine Conservancy for the protection and 
        preservation of the Brandywine Battlefield.</DELETED>
        <DELETED>    (2) Availability of brandywine map.--The 
        Brandywine map shall be on file in the appropriate offices of 
        the National Park Service.</DELETED>
<DELETED>    (b) Cooperative Agreement and Technical Assistance.--
</DELETED>
        <DELETED>    (1) Cooperative agreement.--The Secretary shall 
        enter into a cooperative agreement with the entity that is 
        provided funds under subsection (a) for management of the 
        Brandywine Battlefield by the entity.</DELETED>
        <DELETED>    (2) Technical assistance.--The Secretary may 
        provide technical assistance to the entity described in 
        paragraph (1) to ensure the preservation and interpretation of 
the resources of the Brandywine Battlefield.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) In general.--There is authorized to be 
        appropriated $3,000,000 to carry out this section.</DELETED>
        <DELETED>    (2) Use of appropriated funds.--Amounts made 
        available under paragraph (1) shall be provided to the entity 
        described in subsection (a) only to the extent that the funds 
        are matched, on an 1-to-1 basis, with contributions from non-
        Federal sources.</DELETED>
        <DELETED>    (3) Agreement on provision of funds.--Any use of 
        funds provided by the Secretary shall be in accordance with an 
        agreement that protects the resources of the Brandywine 
        Battlefield.</DELETED>

<DELETED>SEC. 104. STUDY OF BATTLEFIELDS.</DELETED>

<DELETED>    (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 a resource study of the property described in 
sections 101 and 102 to--</DELETED>
        <DELETED>    (1) the Committee on Energy and Natural Resources 
        of the Senate; and</DELETED>
        <DELETED>    (2) the Committee on Resources of the House of 
        Representatives.</DELETED>
<DELETED>    (b) Contents.--The resource study described in subsection 
(a) shall--</DELETED>
        <DELETED>    (1) identify the full range of resources and 
        historic themes associated with the Paoli Battlefield and the 
        Brandywine Battlefield, including the relationship of the 
        resources and historic themes to the American Revolutionary War 
        and the Valley Forge National Historical Park; and</DELETED>
        <DELETED>    (2) identify alternatives for National Park 
        Service involvement at the sites, including cost estimates for 
        any necessary acquisition, development, interpretation, 
        operation, and maintenance associated with the alternatives 
        identified.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

   <DELETED>TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK</DELETED>

<DELETED>SEC. 201. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) Valley Forge National Historical Park was 
        established as a unit of the National Park System in 
        1976;</DELETED>
        <DELETED>    (2) the National Park Service acquired various 
        land and structures associated with the Park, including a 
        visitor center, from the State of Pennsylvania;</DELETED>
        <DELETED>    (3) the Park maintains an extensive collection 
        of--</DELETED>
                <DELETED>    (A) artifacts, books, and other documents 
                associated with the Continental Army's winter 
                encampment during 1777 and 1778 at Valley 
                Forge;</DELETED>
                <DELETED>    (B) Revolutionary War-era artifacts of 
                military life;</DELETED>
                <DELETED>    (C) important archaeological resources; 
                and</DELETED>
                <DELETED>    (D) numerous structures and associated 
                artifacts;</DELETED>
        <DELETED>    (4) during the period 1982 through 1997, the 
        National Park Service completed a general management plan, a 
        long-range interpretive plan, and a strategic business plan 
        that established goals and priorities for management of the 
        Park;</DELETED>
        <DELETED>    (5) the plans described in paragraph (4)--
        </DELETED>
                <DELETED>    (A) identify inadequacies in the visitor 
                center and interpretive programs of the Park;</DELETED>
                <DELETED>    (B) call for the development of a new or 
                significantly renovated visitor center that would make 
                the Park's collection accessible to the public through 
                exhibits and research facilities; and</DELETED>
                <DELETED>    (C) call for improvements to the 
                interpretation of the landscape and the circulation 
                into and through the Park;</DELETED>
        <DELETED>    (6) 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;</DELETED>
        <DELETED>    (7) the Society has amassed valuable holdings of 
        artifacts, art, books, and other documents relating to the 
        encampment of Washington's Continental Army at Valley Forge 
        during 1777 and 1778, the American Revolution, and the American 
        colonial era;</DELETED>
        <DELETED>    (8) the Society continues to acquire additional 
        important collections through bequests, exchanges, and other 
        acquisitions;</DELETED>
        <DELETED>    (9) the Society's collection is housed in a 
        facility that is inadequate to properly maintain, preserve, and 
        display the ever-growing collection;</DELETED>
        <DELETED>    (10) the Society would like to develop an up-to-
        date museum and education facility;</DELETED>
        <DELETED>    (11) the Society and the National Park Service 
        have discussed the idea of a joint museum, education, and 
        visitor facility that would directly support the historical, 
        educational, and interpretive activities and needs of the Park 
        and the Society;</DELETED>
        <DELETED>    (12) the joint facility described in paragraph 
        (11) would--</DELETED>
                <DELETED>    (A) combine 2 outstanding museum 
                collections; and</DELETED>
                <DELETED>    (B) provide an enhanced experience at 
                Valley Forge for visitors, scholars, and researchers; 
                and</DELETED>
        <DELETED>    (13) the Society has submitted a proposal to raise 
        funds to construct a new museum, education, and visitor center 
        on Park property that would be planned, developed, and operated 
        jointly with the Park.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to authorize the 
Secretary of the Interior to enter into an agreement with the Society 
to construct and operate a museum within the boundary of the 
Park.</DELETED>

<DELETED>SEC. 202. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Museum.--The term ``Museum'' means the Valley 
        Forge Museum of the American Revolution established under 
        section 203(a).</DELETED>
        <DELETED>    (2) Park.--The term ``Park'' means the Valley 
        Forge National Historic Park.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) Society.--The term ``Society'' means the 
        Valley Forge Historical Society.</DELETED>

<DELETED>SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION 
              AUTHORIZATION.</DELETED>

<DELETED>    (a) Valley Forge Museum Agreement.--The Secretary, in 
administering the Park, is authorized to enter into an agreement with 
the Society to facilitate the planning, construction, and operation of 
the Museum on Federal land within the Park.</DELETED>
<DELETED>    (b) Specific Purposes of Agreement.--The agreement 
described in subsection (a) shall--</DELETED>
        <DELETED>    (1) authorize the Society--</DELETED>
                <DELETED>    (A) to operate the Museum in cooperation 
                with the Secretary;</DELETED>
                <DELETED>    (B) to provide Museum programs and 
                services related to the story of Valley Forge and the 
                American Revolution to visitors to the Park;</DELETED>
                <DELETED>    (C) to engage, as a nonprofit 
                organization, in activities appropriate for operation 
                of a museum that may include--</DELETED>
                        <DELETED>    (i) charging fees;</DELETED>
                        <DELETED>    (ii) conducting events; 
                        and</DELETED>
                        <DELETED>    (iii) selling merchandise, 
                        tickets, and food to visitors to the Museum; 
                        and</DELETED>
                <DELETED>    (D) to occupy any structure constructed 
                for the term specified in the agreement described in 
                subsection (a), subject to--</DELETED>
                        <DELETED>    (i) the conveyance by the Society 
                        to the United States of the right, title, and 
                        interest in any structure to be constructed at 
                        the Park; and</DELETED>
                        <DELETED>    (ii) the right of the Society, 
                        that shall not be transferred or conveyed 
                        without the express consent of the Secretary, 
                        to occupy and use any structure--</DELETED>
                                <DELETED>    (I) for the exhibition, 
                                preservation, and interpretation of 
                                artifacts associated with the Valley 
                                Forge story and the American 
                                Revolution;</DELETED>
                                <DELETED>    (II) to enhance visitor 
                                experience to the Park;</DELETED>
                                <DELETED>    (III) to conduct 
                                appropriately related activities of the 
                                Society consistent with its mission; 
                                and</DELETED>
                                <DELETED>    (IV) any other terms and 
                                conditions as may be determined by the 
                                Secretary;</DELETED>
        <DELETED>    (2) authorize the Secretary to undertake at the 
        Museum activities related to the management of the Park, 
        including the provision of appropriate visitor information, 
        interpretive facilities, and programs related to the Park; 
        and</DELETED>
        <DELETED>    (3) provide that the Society's revenues from the 
        Museum's facilities and services shall be used to offset the 
        expenses of the operation of the Museum.</DELETED>

<DELETED>SEC. 204. PRESERVATION AND PROTECTION.</DELETED>

<DELETED>    Nothing in this Act authorizes the Secretary or the 
Society to act in derogation of the preservation and protection of the 
values and resources of the Park.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pennsylvania Battlefields Protection 
Act of 1999''.

               TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Brandywine battlefield.--The term ``Brandywine 
        Battlefield'' means land in an area generally known as the 
        Meetinghouse Road Corridor, located in Chester County, 
        Pennsylvania, as depicted on the Brandywine map.
            (2) Brandywine map.--The term ``Brandywine Map'' means the 
        map entitled ``Brandywine-Meetinghouse Road Corridor'', 
        numbered 80,000 and dated April 1999.
            (3) Paoli battlefield.--The term ``Paoli Battlefield'' 
        means the area located in the borough of Malvern, Pennsylvania, 
        as generally depicted on the Paoli map.
            (4) Paoli map.--The term ``Paoli map'' means the map 
        entitled ``Paoli Battlefield'', numbered 80,000 and dated April 
        1999.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Pennsylvania.
            (7) Park.--The term ``Park'' means the Valley Forge 
        National Historical Park.

SEC. 102. SPECIAL RESOURCE STUDY.

    (a) In General.--Not later than 6 months after the date funds are 
made available, the Secretary shall complete a special resource study 
on the Paoli Battlefield and not later than 18 months after the date 
funds are made available, the Secretary shall complete a special 
resource study on the Brandywine Battlefield, as described in 
subsection (b). In conducting the studies, the Secretary shall consult 
with the State, the borough of Malvern, the Brandywine Conservancy and 
other interested groups and organizations.
    (b) Components.--The resource studies described in subsection (a) 
shall--
            (1) identify the full range of resources and historic 
        themes associated with the Brandywine Battlefield and the Paoli 
        Battlefield, including the relationship of resources and 
        historic themes to the American Revolutionary War and the 
        Valley Forge National Historic Park; and
            (2) identify the alternatives for National Park Service 
        involvement at the sites, including cost estimates for any 
        necessary acquisition, development, interpretation, operation, 
        and maintenance associated with the alternatives identified.
    (c) Report.--Not later than 10 days after the completion of the 
studies, the Secretary shall submit a report describing the findings 
and recommendations of the study to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Resources of the United 
States House of Representatives.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this title.

            TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK

SEC. 201. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) Valley Forge National Historical Park was established 
        as a unit of the National Park System in 1976;
            (2) the National Park Service acquired various land and 
        structures associated with the Park, including a visitor 
        center, from the State of Pennsylvania;
            (3) the Park maintains an extensive collection of--
                    (A) artifacts, books, and other documents 
                associated with the Continental Army's winter 
                encampment during 1777 and 1778 at Valley Forge;
                    (B) Revolutionary War-era artifacts of military 
                life;
                    (C) important archaeological resources; and
                    (D) numerous structures and associated artifacts;
            (4) during the period 1982 and 1997, the National Park 
        Service completed a general management plan, a long-range 
        interpretive plan, and a strategic business plan that 
        established goals and priorities for management of the Park;
            (5) the plans described in paragraph (4)--
                    (A) identify inadequacies in the visitor center and 
                interpretive programs of the Park;
                    (B) call for the development of a new or 
                significantly renovated visitor center that would make 
                the Park's collection accessible to the public through 
                exhibits and research facilities; and
                    (C) call for improvements to the interpretation of 
                the landscape and the circulation into and through the 
                Park;
            (6) 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;
            (7) the Society has amassed valuable holdings of artifacts, 
        art, books, and other document relating to the encampment of 
        Washington's Continental Army at Valley Forge during 1777 and 
        1778, the American Revolution, and the American colonial era;
            (8) the Society continues to acquire additional important 
        collections through bequests, exchanges, and other 
        acquisitions;
            (9) the Society's collection is housed in a facility that 
        is inadequate to properly maintain, preserve, and display the 
        ever growing collection;
            (10) the Society would like to develop an up-to-date museum 
        and education facility;
            (11) the Society and the National Park Service have 
        discussed the idea of a joint museum, education, and visitor 
        facility that would directly support the historical, 
        educational, and interpretive activities and needs of the Park 
        and the Society;
            (12) the joint facility described in paragraph (11) would--
                    (A) combine 2 outstanding museum collections; and
                    (B) provide an enhanced experience at Valley Forge 
                for visitors, scholars, and researchers; and
            (13) the Society has submitted a proposal to raise funds to 
        construct a new museum, education, and visitor center on Park 
        property that would be planned, developed, and operated jointly 
        with the Park.
    (b) Purpose.--The purpose of this title is to authorize the 
Secretary of the Interior to enter into an agreement with the Society 
to construct and operate a museum within the boundary of the Park.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Museum.--The term ``Museum'' means the Valley Forge 
        Museum of the American Revolution.
            (2) Park.--The term ``Park'' means the Valley Forge 
        National Historical Park.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Society.--The term ``Society'' means the Valley Forge 
        Historical Society.

SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION.

    (a) Valley Forge Museum Agreement.--The Secretary, in administering 
the Park, is authorized to enter into an agreement with the Society to 
facilitate the planning, construction, and operation of the Museum on 
Federal land within the Park.
    (b) Specific Purposes of Agreement.--The agreement described in 
subsection (a) shall--
            (1) authorize the Society--
                    (A) to operate the Museum in cooperation with the 
                Secretary;
                    (B) to provide Museum programs and services related 
                to the story of Valley Forge and the American 
                Revolution to visitors to the Park;
                    (C) to engage, as a nonprofit organization, in 
                activities appropriate for the operation of a museum 
                that may include--
                            (i) charging fees;
                            (ii) conducting events; and
                            (iii) selling merchandise, tickets, and 
                        food to visitors to the Museum; and
                    (D) to occupy any structure constructed for the 
                term specified in the agreement described in subsection 
                (a), subject to--
                            (i) the conveyance by the Society to the 
                        United States of the right, title, and interest 
                        in any structure to be constructed at the Park; 
                        and
                            (ii) the right of the Society, that shall 
                        not be transferred or conveyed without the 
                        express consent of the Secretary, to occupy and 
                        use the structure--
                                    (I) for the exhibit, preservation, 
                                and interpretation of artifacts 
                                associated with the Valley Forge story 
                                and the American Revolution;
                                    (II) to enhance visitor experience 
                                to the Park;
                                    (III) to conduct appropriately 
                                related activities of the Society 
                                consistent with its mission; and
                            (iii) any other terms and conditions as may 
                        be determined by the Secretary;
            (2) authorize the Secretary to undertake at the Museum 
        activities related to the management of the Park, including the 
        provision of appropriate visitor information, interpretive 
        facilities, and programs related to the Park; and
            (3) provide that the Society's revenues from the Museum's 
        facilities and services shall be used to offset the expenses of 
        the operation of the Museum.

SEC. 204. PRESERVATION AND PROTECTION.

    Nothing in the title authorizes the Secretary or the Society to act 
in derogation of the preservation and protection of the values and 
resources of the Park.
            Amend the title so as to read: ``A bill to direct the 
        Secretary of the Interior to conduct a special resource study 
        to determine the suitability and feasibility of the inclusion 
        of the Brandywine Battlefield and the Paoli Battlefield in the 
        National Park System as part of the Valley Forge National 
        Historical Park, to authorize a Valley Forge Museum of the 
        American Revolution at Valley Forge National Historical Park, 
        and for other purposes.''.
                                                       Calendar No. 225

106th CONGRESS

  1st Session

                                 S. 581

                          [Report No. 106-117]

_______________________________________________________________________

                                 A BILL

 To protect the Paoli and Brandywine Battlefields in Pennsylvania, to 
 authorize a Valley Forge Museum of the American Revolution at Valley 
        Forge National Historical Park, and for other purposes.

_______________________________________________________________________

                             July 21, 1999

        Reported with an amendment and an amendment to the title