II 110th CONGRESS 1st Session S. 312 IN THE SENATE OF THE UNITED STATES January 17, 2007 Mr. Graham (for himself and Mr. DeMint) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation to establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion.

1.

Short title

This Act may be cited as the Brigadier General Francis Marion Memorial Act of 2007.

2.

Findings

Congress finds that— (1)Brigadier General Francis Marion— (A)was born in 1732 in St. John’s Parish, Berkeley County, South Carolina; and (B)married Mary Esther Videau on April 20, 1786; (2)the Marions had no children, but raised as their own child a son of a relative, who was given Francis Marion's name; (3)Marion commanded the Williamsburg Militia Revolutionary Force in South Carolina and was instrumental in delaying the advance of British forces by leading his troops in disrupting supply lines; (4)Marion’s tactics, which were unheard of in rules of warfare at the time, included lightning raids on British convoys, after which Marion and his forces would retreat into the swamps to avoid capture; (5)the legend of Swamp Fox was born when British Lieutenant Colonel Tarleton stated, in reference to Marion, that as for this damned old swamp fox, the devil himself could not catch him; (6)Marion's victory at the Battle of Eutaw Springs in September of 1781 was officially recognized by Congress; (7)Marion’s troops, which were composed of whites, blacks, both free and slave, and Native Americans, are believed to be the first racially integrated force fighting for the United States; (8)as a statesman, Marion represented his parish in the South Carolina senate and the State of South Carolina at the Constitutional Convention; (9)although Congress has authorized the establishment of commemorative works on Federal land in the District of Columbia honoring such celebrated Americans as George Washington, Thomas Jefferson, and Abraham Lincoln, there is no comparable memorial to Brigadier General Francis Marion commemorating Marion's bravery and leadership during the Revolutionary War, without which the United States would not exist; (10)Brigadier General Marion’s legacy must live on; (11)since 1878, United States Reservation 18 has been officially referred to as Marion Park; (12)located between 4th and 6th Streets, S.E., at the intersection of E Street and South Carolina Avenue, S.E., in Washington, DC, Marion Park lacks a formal commemoration to this South Carolina hero who was important to the initiation of the heritage of the United States; (13)the time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of Marion’s contributions; and (14)Marion, a South Carolina hero, deserves to be given proper recognition.

3.

Definitions

In this Act: (1)

Commemorative work

The term commemorative work has the meaning given the term in section 8902(a) of title 40, United States Code. (2)

Committee

The term Committee means the Committee of the Palmetto Conservation Foundation. (3)

The District of columbia and its environs

The term the District of Columbia and its environs has the meaning given the term in section 8902(a) of title 40, United States Code. (4)

Project

The term Project means the Marion Park Project.

4.

Commemorative work to honor brigadier general francis marion and his family

(a)

Authority to establish commemorative work

The Project and Committee may jointly establish a commemorative work on Federal land in the District of Columbia and its environs to honor the service of Brigadier General Francis Marion to the United States. (b)

Compliance with standards for commemorative works

The commemorative work authorized under subsection (a) shall be established in accordance with chapter 89 of title 40, United States Code. (c)

Funds for commemorative work

(1)

In general

The Project and Committee shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work authorized under subsection (a). (2)

Use of federal funds prohibited

No Federal funds shall be used to pay any expense of the establishment of the commemorative work authorized under subsection (a). (3)

Deposit of excess funds

The Project and the Committee shall transmit to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of title 40, United States Code— (A)any funds that remain for the commemorative work authorized under subsection (a) after payment of all expenses incurred in the establishment of the commemorative work (including payment of the amount for maintenance and preservation required under section 8906(b) of that title); or (B)any funds that remain for the commemorative work authorized under subsection (a) on expiration of the authority for the commemorative work under section 8903(e) of that title.