[Senate Hearing 110-88]
[From the U.S. Government Publishing Office]
S. Hrg. 110-88
MISCELLANEOUS NATIONAL PARKS BILLS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
ON
S. 169 S. 783
S. 312 S. 890
S. 580 H.R. 497
S. 686 H.R. 1047
S. 722
__________
APRIL 26, 2007
Printed for the use of the
Committee on Energy and Natural Resources
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii PETE V. DOMENICI, New Mexico
BYRON L. DORGAN, North Dakota LARRY E. CRAIG, Idaho
RON WYDEN, Oregon CRAIG THOMAS, Wyoming
TIM JOHNSON, South Dakota LISA MURKOWSKI, Alaska
MARY L. LANDRIEU, Louisiana RICHARD BURR, North Carolina
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
KEN SALAZAR, Colorado BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey JEFF SESSIONS, Alabama
BLANCHE L. LINCOLN, Arkansas GORDON H. SMITH, Oregon
BERNARD SANDERS, Vermont JIM BUNNING, Kentucky
JON TESTER, Montana MEL MARTINEZ, Florida
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Frank Macchiarola, Republican Staff Director
Judith K. Pensabene, Republican Chief Counsel
------
Subcommittee on National Parks
DANIEL K. AKAKA, Hawaii, Chairman
BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming
MARY L. LANDRIEU, Louisiana LISA MURKOWSKI, Alaska
KEN SALAZAR, Colorado RICHARD BURR, North Carolina
ROBERT MENENDEZ, New Jersey BOB CORKER, Tennessee
BLANCHE L. LINCOLN, Arkansas JEFF SESSIONS, Alabama
BERNARD SANDERS, Vermont GORDON H. SMITH, Oregon
JON TESTER, Montana MEL MARTINEZ, Florida
Jeff Bingaman and Pete V. Domenici are Ex Officio Members of the
Subcommittee
David Brooks, Senior Counsel
Thomas Lillie, Republican Professional Staff Member
C O N T E N T S
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STATEMENTS
Page
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.................. 1
Allard, Hon. Wayne, U.S. Senator from Colorado................... 3
Borkow, Linda, Dobbs Ferry Historical Society, Dobbs Ferry, NY... 30
Brown, James P., Washington Office Director, St. Louis, MO....... 39
Burdick, Kim, National Chairman, National Washington-Rochambeau
Revolutionary War Route Association, Rockland, DE.............. 26
Inouye, Hon. Daniel K., U.S. Senator from Hawaii................. 2
Kerner, Timothy, Mayor, Jean Lafitte, LA......................... 22
Levin, Hon. Carl, U.S. Senator from Michigan..................... 5
Lieberman, Hon. Joseph I., U.S. Senator from Connecticut......... 6
McCain, Hon. John, U.S. Senator from Arizona..................... 6
Reddel, Brigadier General Carl W., USAF, Retired, and Executive
Director, Dwight D. Eisenhower Memorial Commission............. 23
Thomas, Hon. Craig, U.S. Senator from Wyoming.................... 3
Wenk, Daniel N., Deputy Director for Operations, National Park
Service, Department of the Interior............................ 7
Werner, Gary, Executive Director, Partnership for the National
Trail System, Madison, WI...................................... 33
APPENDIXES
Appendix I
Responses to additional questions................................ 49
Appendix II
Additional material submitted for the record..................... 57
MISCELLANEOUS NATIONAL PARKS BILLS
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THURSDAY, APRIL 26, 2007
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:30 p.m., in
room SD-366, Dirksen Senate Office Building, Hon. Daniel K.
Akaka presiding.
OPENING STATEMENT OF HON. DANIEL K. AKAKA,
U.S. SENATOR FROM HAWAII
Senator Akaka. The Committee on Energy and Natural
Resources, subcommittee on National Parks is now in order.
The purpose of today's hearing is to receive testimony on
several bills pending before the subcommittee which I will
briefly list.
S. 169 to amend the National Trail System Act to clarify
Federal authority relating to land acquisition from willing
sellers for the majority of the trails in the system.
S. 312 and H.R. 497 to authorize a memorial to honor
Brigadier General Francis Marion.
S. 580 to amend the National Trail System Act to require
the Secretary of the Interior to update the feasibility and
suitability studies of four national historic trails.
S. 686 to amend the National Trail System Act to designate
the Washington-Rochambeau Revolutionary Route National Historic
Trail.
S. 722 to direct the Secretary of the Interior and the
Secretary of Agriculture to jointly conduct a study of certain
land adjacent to the Walnut Canyon National Monument in the
State of Arizona.
S. 783 to adjust the boundary of the Jean Lafitte National
Historical Park and Preserve in the State of Louisiana. That's
Jean Lafitte.
S. 890 to provide for certain administrative and support
services for the Dwight D. Eisenhower Memorial Commission.
H.R. 1047 to authorize the Secretary of the Interior to
conduct a study to determine the suitability and feasibility of
designating the Soldiers' Memorial Military Museum located in
St. Louis, Missouri, as a unit of the National Park System.
Many of these bills have been considered by committees in
previous years--two of the National Trail bills, in particular.
One providing for authority to purchase lands from willing
sellers and now that to authorize the study of new routes to
existing trails have been considered and approved by the
Senate, many times over the past several years.
I hope this time we can, finally, move these bills
successfully through the House and Senate and enacted into law.
Because of the limited time available today, I'll reserve
discussion on other bills until later in the hearing.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator From Hawaii
s. 890, a bill to provide for certain administrative support services
for the dwight d. eisenhower memorial commission
Mr. Chairman and members of the subcommittee, thank you for
allowing me to submit testimony in strong support for a bill that I
sponsored with Senators Stevens, Roberts, Reed, and Hagel. As Vice-
Chairman of the Dwight D. Eisenhower Memorial Commission, I know that
this legislation is important to our continuing efforts to establish a
national, permanent memorial to President Eisenhower.
The Eisenhower Memorial Commission was created by Congress in 1999
and fully appointed in 2001. It is completely bipartisan and consists
of four Senators, four Representatives, and four private citizens. In
September 2006, the Commission received final approval to locate the
National Eisenhower Memorial across the street from the National Air
and Space Museum at the intersection of Maryland and Independence
Avenues, S.W.
In the fifteen months between site selection and site approval, the
Commission completed its due diligence for the site, submitting a Site
Selection Report, an Environmental Assessment of the site, a Traffic
Impact Study, and a Utilities Survey to the approval agencies. The
National Capital Memorial Advisory Commission, the Commission of Fine
Arts, and the National Capital Planning Commission unanimously approved
the site selection. In May 2006, Congress agreed that President
Eisenhower's legacy was of pre-eminent historical and lasting
significance to the Nation, and unanimously passed a resolution
approving location of the memorial in the prominent ``Area I.''
President Eisenhower's significance continues to astonish those who
discover it. Although born in the 19th century--before automobiles and
airplanes--his profound legacy influences America and the world in the
21st century. It was President Eisenhower who completed American
nationhood by adding Hawaii and Alaska to the United States. It was
President Eisenhower who created the National Aeronautics and Space
Administration, the Federal Aviation Administration, and the Department
of Health, Education, and Welfare. It was President Eisenhower who
desegregated the District of Columbia and sent troops into Little Rock,
Arkansas to support school integration. It was President Eisenhower who
created the Interstate Highway System and took America into space.
His is the story of a consummate American--a man who believed
fundamentally and profoundly in freedom and democratic processes. The
President Eisenhower story is also the story of a statesman of genius--
a man who tirelessly sought, and to a great extent achieved,
international peace and security. His calm, confident leadership
supported his country through a terrible war in Europe and a terrifying
international aftermath. He was a shrewd and cunning strategist of Cold
War politics. And yet he never lost his faith in humanity and in
Americans. He once said ``There is nothing wrong with America that the
faith, love of freedom, intelligence, and energy of her citizens cannot
cure.''
President Eisenhower's lifetime of selfless public service can
inspire new generations of Americans. The National Eisenhower Memorial
will ensure that his legacy is remembered and passed on to future
generations. President Eisenhower as General, as President, and as
Public Servant set a brilliant example of everything that is best about
America. His distinguished legacy will serve as a stirring reminder
that we--as a nation and as individuals--can rise to meet any
challenge.
The Eisenhower Memorial Commission has studied the Eisenhower
Legacy and obtained site approval. Now, the Commission is preparing to
embark on the Design Phase. The Commission needs revised administrative
authorities in order to continue managing the process efficiently and
responsibly. S. 890 provides the Commission with certain authorities
given to temporary commissions in existence for up to three years. The
Eisenhower Memorial Commission has similar needs, but will exist for a
longer period of time. For example, S. 890 will enable the Commission
to hire temporary employees instead of contract consultants,
simplifying administration of staffing and covering the liability of
its employees. S. 890 will also provide for the Executive Architect to
represent the Commission on the panels that will select the design team
for the memorial. The measure also restricts its staff or members from
participating in the determination and selection of the design team.
This legislation is necessary and timely, and will help to move the
Commission smoothly into the next phase of memorialization. S. 890 will
enable the Commission to continue working not only to ensure that the
National Eisenhower Memorial is an inspiration to future generations,
but also to ensure that the memorialization process is an example of
responsible public work. I am pleased to join with my colleagues and
enthusiastically support this legislation before the Committee today.
Again, thank you for the opportunity to share my thoughts and
support for this legislation. I urge your favorable consideration and
support of the measure.
Senator Akaka. At this time I'd like to recognize the
ranking member and a good friend. We work so well together,
Senator Thomas.
STATEMENT OF HON. CRAIG THOMAS, U.S. SENATOR
FROM WYOMING
Senator Thomas. Thank you, Mr. Chairman and good afternoon.
Thank you for holding this hearing.
I also want to thank the Deputy Director, Dan Wenk for
being here and providing information on the bills under
consideration.
We have seven Senate bills and two House bills before us;
among them is S. 169, a National Trails Willing Seller bill.
I'd like to thank Senator Allard for making changes to the bill
in response to our concerns in 108th Congress.
This bill gives authority to the Federal Government to
purchase land for an additional nine trails; one of those is
the Continental Divide Trail which passes through the State of
Wyoming.
The bill specifies the land can only be acquired from
willing sellers. The bill does not give the Federal Government
any authority to regulate activities on lands within the view
shed.
This is important because the Federal land along the
Continental Divide Trail has been managed for multiple use and
multiple use needs continue.
So, thank you for having this hearing. I look forward to
hearing from the witnesses.
Senator Akaka. Thank you. It's so good to be with you here
today and before us we have such a good friend, Senator Allard,
who will testify on S. 169, his bill authorizing willing seller
authority for several national trails.
Senator Allard, we're so happy you're here and welcome you
to the committee. So, please proceed.
STATEMENT OF HON. WAYNE ALLARD, U.S. SENATOR
FROM COLORADO
Senator Allard. Thank you very much, Chairman Akaka and
Senator Thomas for your comments. Obviously you have a full
docket here before you and I so very much appreciate both you
and Senator Thomas allowing me the opportunity to appear before
you today, and for the committee's consideration the National
Trails and System Willing Sellers Act.
Willing Seller, willing buyer is very important in our part
of the country. I think it is in your part of the country as
well, Mr. Chairman. Many members of this committee are strong
supporters for National Trails System.
Trails like the Continental Divide Trail in Colorado, which
some of you may have had an opportunity to travel on horseback,
or to hike. I've had that opportunity. It's a glorious
experience. I'd highly recommend it for every American.
I commend all of you for your efforts as you work on public
land management and strive to find the proper balance between
public and private land ownership.
The Willing Seller Act is not new to this committee, as you
mentioned, starting in the 103d Congress and in every
subsequent Congress some form of this legislation has been
introduced.
The 108th Congress, this committee approved similar
legislation and the Senate unanimously approved the bill,
unfortunately the House of Representatives failed to act on
this bill before the session ended.
I look forward to working with my colleagues and those who
have put so much time into this effort as we work to finally
pass this bill into law.
On October 2, 1968, the National Trail System Act, which
authorizes national trails system, became law. The intent of
the act was to create a system of trails that provide
recreation opportunities that promotes the preservation of
access to the outdoor and historic resources of this nation.
Historically trails have served as routes for the commerce
and migration that expanded our nation, connected our
geographically diverse populace.
Today these same trails serve as a proud link to our past
heritage and scenic beauty connecting the paths of our nation
with the present generation of Americans.
Congress authorized nine national scenic and historic
trails between 1978-1986. However, unlike the other trails
within the system, these trails did not have the authority to
purchase land to complete the trails from willing sellers.
In other words, even if a land owner wants to furnish land
that would fill the gaps in trail ownership, he or she cannot
do so. That's why I've introduced this legislation.
The Willing Seller Act restores the ability of the Federal
agencies to carry out their responsibility to protect
nationally significant components of our nation's cultural,
natural and recreational heritage.
Completion of these trails is important to me in my State
and I hope you'll support the Willing Seller bill.
The authorization granted in S. 169 only authorizes land
acquisition from willing sellers.
With this willing seller authority, sections of these
trails now located on roads, can be moved to overland trails or
routes that will provide safer and better conditions for hikers
and other trail users.
Under the Willing Seller Act, no contract is valid unless
the landowner agrees to sell and receives compensation for his
land. In addition, the Federal Government specifically denies
its power to condemn land for the trail.
Congress enacted the National Trail System Act in 1968 to
provide the means to provide the ever increasing outdoor
recreation needs of an expanding population and in order to
promote the preservation of, public access to, travel within,
and enjoyment and appreciation of the open-air, outdoor areas
and historic resources of this Nation.
The Willing Sellers Act restores consistency to the
National Trail System by providing the means to complete the
Trail Systems Act. S. 169 provides the authority for Federal
agencies to help protect the sites and segments critical to
preserving the integrity and continuity of nearly half of the
National Trails System.
Mr. Chairman, it is my hope that we can reach an agreement
on this bill so that we will be able to preserve private
property rights while serving the intent of the National Trails
System Act.
Thank you for your time and consideration.
Senator Akaka. Thank you very much, Senator Allard for your
testimony and for your bill, S. 169 and we will certainly
consider it as quickly as we can.
Senator Allard. Thank you very much, Mr. Chairman. You're
most gracious.
Senator Akaka. Thank you very much.
Senator Allard. Thank you.
Senator Akaka. Before we proceed with our next witness, I'd
like to include statements in the record from Senator Carl
Levin of Michigan on S. 196 and Senator Joseph Lieberman from
Connecticut on S. 686 and Senator John McCain, S. 722.
[The prepared statements of Senator Levin, Senator
Lieberman, and Senator McCain follow:]
Prepared Statement of Hon. Carl Levin, U.S. Senator From Michigan
s. 169--national trails system willing seller act
I want to thank Chairman Akaka and Ranking Member Thomas for
holding this hearing on important legislation relating to our country's
historic trails system. After several years of working on S. 169, the
National Trails System Willing Seller Act, we have been able to craft a
bill with bipartisan support that would protect property rights, help
enable the completion of nine national trails, protect natural and
historic resources, and provide recreational opportunities. Legislation
nearly identical to this bill was passed by the full Senate in the
108th Congress. Unfortunately, the House did not act on this bill.
S. 169 would amend the National Trails System Act (NTSA) to provide
the federal government with the authority to acquire land, including
easements, from willing sellers to complete nine national scenic and
historic trails authorized under the Act. Without this bill, a
landowner who wants to sell to the federal government is denied the
right to do so.
I am most familiar with the situation along the North Country
Trail, a 4,600 mile long trail that traverses seven states (North
Dakota, Minnesota, Wisconsin, Michigan, Ohio, Pennsylvania, and New
York). The longest segment is in Michigan, with 1,150 miles. The North
Country Trail is 54 percent completed and certified. However, the trail
faces significant challenges, including development pressures and the
need to cross long stretches of private lands. Without this
legislation, the trail cannot be completed. Congress chose the route
for this trail. Congress determined this would be a National Scenic
Trail, which by nature must be a continuous, publicly accessible path,
from New York to North Dakota. Yet, Congress has not yet given our
agencies the acquisition authority needed to fully establish this
Congressionally-designated trail across its Congressionally-determined
route.
As directed by the National Trails System Act, a strong public-
private partnership has developed to support the establishment of the
North County Trail. Our partners are working in very limited ways
through creative relationships with non-federal agencies to try to do
what they can to meet the goals Congress set forth for this trail.
Volunteers, private entities and state agencies are shouldering much of
the responsibility of building and protecting this 4,600 mile long
National Park Service trail. The Federal government, through the
National Park Service, is playing a critical role, but land and
easement acquisition cannot occur without the authority provided in
this bill.
Willing sellers, in many cases public-spirited citizens, should
have the right to sell easements or even portions of their land to the
Federal government should they choose to do so and if it is in the
national interest. In addition to important trail linkages, with
willing seller authority, sections of the current trail can be moved
from roads where hikers and other trail users are unsafe.
Federal agencies have been given land acquisition authority for
sixteen of the twenty-five national scenic and historic trails, but
have, for no logical reason, been denied authority to acquire land for
the other nine trails. This bill begins to restore consistency to the
National Trails System Act by enabling the federal agencies to acquire
necessary land from willing sellers for an additional nine trails.
In summary, the acquisition authority restored through S. 169 for
these nine trails is sensible and reasonable given the direction set by
the National Trails System Act, and is respectful of property rights.
No condemnation authority is sought. I look forward to working with the
Committee to again pass this important legislation.
______
Prepared Statement of Hon. Joseph I. Lieberman, U.S. Senator
From Connecticut
s. 686, a bill to amend the national trails system act to designate the
washington-rochambeau revolutionary route a national historical trail
Thank you, Mr. Chairman. On October 28, 1781, Congress authorized
the creation of a monument to commemorate the victory at the Battle of
Yorktown and to recognize the French Alliance that was essential to our
independence. Now, 225 years later, the Senate has the opportunity to
remember and celebrate our history by designating the Washington-
Rochambeau Revolutionary Route a National Historic Trail. The trail
would honor the miraculous campaign of two nations, two armies, and two
great men. A campaign that culminated in the defeat of General
Cornwallis' British troops at Yorktown and the conclusion of the
American Revolutionary War.
The 600-mile route winds through the States of Connecticut,
Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania,
Rhode Island, and Virginia, each of which made a unique contribution to
the tale of the expedition. There have been many State, regional and
local efforts to celebrate and commemorate this historic path over the
years. I am particularly proud of the efforts of the State of
Connecticut:
In 1957, the Connecticut General Assembly passed a bill to
erect markers designating the campsites occupied by the French
under General Rochambeau.
In 1995, the Connecticut Inter-Community Historic Resource
Committee further identified and classified campsites along the
route.
In 1998, the State legislature appropriated funds to
undertake the historical research needed as a first step in
having the entire route listed in the National Register.
In 1999, local historians and individuals from Connecticut
along with those from New Jersey and New York, formed the
Washington-Rochambeau Revolutionary Route Committee, which in
2003 resulted in the National Washington-Rochambeau
Revolutionary Route Association.
I am privileged to support this legislation along with my
colleagues, Senators Warner, Biden, Clinton, Dodd, Menendez, Reed,
Specter, and Whitehouse. The bill ensures that this history, in all its
rich detail, is not forgotten. Thank you, Mr. Chairman.
______
Prepared Statement of Hon. John McCain, U.S. Senator From Arizona
Chairman Akaka and members of the Subcommittee, I greatly
appreciate your consideration of S. 556, the Walnut Canyon Study Act of
2005, as part of today's hearing. As you know, the bill would authorize
the Secretary of the Interior and the Secretary of Agriculture to
jointly conduct a special resources and land management study for
certain lands in the area of Walnut Canyon National Monument.
For several years, local communities adjacent to the Walnut Canyon
National Monument have debated whether the federal land surrounding the
monument would be best protected from future development under the
management of the U.S. Forest Service or the National Park Service.
After much debate and several public hearings, the Coconino County
Board of Supervisors and the Flagstaff City Council agreed to and
passed a joint resolution asking Congress for a special Federal study
to determine the best management options for the land surrounding
Walnut Canyon. This bill would fulfill the request of the City and
County and help extinguish a potential conflict that threatens the
public enjoyment of both Walnut Canyon and the surrounding Coconino
National Forest.
As you may know, the Senate Subcommittee on National Parks held a
hearing on a similar bill I introduced during the 109th Congress, S.
566. Unfortunately S. 566 was not passed by the full committee before
final adjournment of the last Congress. The bill before the
Subcommittee today is the result of collaboration and fine tuning
between my office, other members of the Arizona delegation, the City of
Flagstaff, and the Coconino County Board of Supervisors. The
improvements made to the original bill, S. 556, which now appear in S.
722, do not alter the spirit or overall goal of the S. 566, and do not
break with the original request by the City and the County.
I'm aware that some local interests in the Flagstaff area, like the
Friends of Walnut Canyon, are now voicing concerns that S. 722 doesn't
go far enough in assessing the level of protection that may be needed
for Native American cultural sites residing just outside of the
Monument. I don't believe they understand that the bill as drafted
actually does what they are advocating. Specifically, Sec. 4(b) of the
bill requires the study to ``evaluate the significance of the resources
and public values of the study area as the resources and public values
pertain to the management objectives of the Forest Service and the
National Park Service.'' This language ensures that the Park's mission
of cultural and natural resource protection will be factored in the
study while simultaneously acknowledging the Forest Service's multiple
use responsibility to its users. Furthermore, Sec. 3 of the bill
defines the terms ``public use'' and ``public value,'' in the same way
that ``public values'' and ``public uses'' were defined in the City-
County joint resolution (County Resolution 2002-65, dated 12/17/02),
and specifically references ``group uses,'' ``prehistoric sites,'' and
``historic sites.'' While language in Sec. 4(b) requires the
Secretaries to assess the feasibility of designating the study area as
a National Recreation Area, the same section also requires the study to
assess ``a range of options for managing and conserving resources . . .
including studying the feasibility of a boundary adjustment to the
Monument'' and ``any other designation or management option that will
accomplish both the protection of resources and the maintenance of
public use and access for the study area.'' I believe, as does Coconino
County and the City of Flagstaff, that such provisions address the
concerns raised by groups like the Friends of Walnut Canyon.
Mr. Chairman, this legislation would provide a mechanism for
determining the preferable management options for one of Arizona's high
use scenic areas and help to protect the natural and cultural resources
of this incredibly beautiful monument. By carrying out this study, we
can more accurately resolve any questions for future potential
conflicts dealing with urban encroachment and resource protection for
Walnut Canyon.
Again, I thank the Chairman and the Subcommittee for their
consideration of this legislation.
Senator Akaka. We also have received several written
statements which will be included in the record.
Dan Wenk, Associate Director of the National Park Service,
is here before us to testify on behalf of the Department of
Interior.
Mr. Wenk, I want to welcome you to the subcommittee. Please
feel free to summarize your testimony. Your complete statement
will be included in the record. Will you please proceed with
your comments on all of the bills? Then we'll turn to your
questions.
STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR FOR OPERATIONS,
NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
Mr. Wenk. Thank you, Mr. Chairman. Thank you for the
opportunity to appear before this subcommittee to present the
views of the Department of the Interior on the eight bills on
today's agenda.
I would like to submit my entire statement for the record
and summarize the Department's positions on these bills.
Senator Akaka. We'll include them.
Mr. Wenk. The first bill, S. 169 amends the National Trail
System Act to clarify Federal authority relating to land
acquisition from willing sellers.
The Department supports S. 169, which is similar to
legislation the Department supported during the 108th Congress.
It would bring the land acquisition authority on these nine
trails in line with those in the majority of the national
scenic and national historic trails in the National Trail
System.
It would also allow the Federal Government to assist in the
protection of these trails through donation, easement and as a
last resort, fee simple acquisition from land owners actively
interested in selling land for trail protection.
The second bill, S. 312 and H.R. 497, would authorize the
Marion Park Project. A 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.
The Department supports S. 312 and H.R. 497 and we suggest
that a technical correction be made to S. 312 to change the
name of the entity to establish the commemorative work to make
it consistent with the House passed companion bill H.R. 497.
The third bill, S. 580, amends the National Trail System
Act to update the feasibility and suitability of studies of the
Oregon, Pony Express, California, and Mormon Pioneer National
Historic Trails to examine additional routes and cutoffs not
included in the initial studies of all four trails.
The Department supports S. 580, which is similar to
legislation the Department supported during the 108th Congress,
but believes that funding requested should be directed first
toward completing previously authorized studies.
The fourth bill, S. 686 would designate the 600 mile
Washington-Rochambeau Revolutionary Route as a National
Historic Trail. The trail would stretch from Newport, Rhode
Island down to Yorktown, Virginia across nine States and the
District of Columbia.
The study's report on the trail continues under public
review until May 4, 2007, but has preliminarily concluded that
the trail meets the criteria for a designation as a National
Historic Trail.
The Department supports enactment of this bill.
The fifth bill, S. 722, would direct the Secretaries of the
Interior and Agriculture to conduct a study of approximately
31,000 acres surrounding Walnut Canyon National Monument. The
bill would direct the Secretaries to utilize a third-party
consultant to prepare a study which would evaluate a range of
options to manage Federal and State lands adjacent to Walnut
Canyon in order to protect resources and maintain public use in
access to this area of Arizona.
A report that includes the findings, conclusions and
recommendations for future management of the study area would
be transmitted by the Secretaries to Congress no later than 18
months after funds are made available.
The administration does not object to the enactment of S.
722, but believes that funding should be directed first toward
completing and implementing ongoing studies.
The sixth bill, S. 783 would expand the boundary of Jean
Lafitte National Historical Park and Preserve by approximately
8,900 acres. This bill would add approximately 3,084 acres of
Federal land adjacent to the Barataria unit of the park.
It would also add the 5,000 acre Fleming Plantation which
is located across the Bayou Barataria from the Barataria unit,
less than one-quarter mile away from the existing unit
boundary.
The Department supports the bill, but would like to work
with the subcommittee to make the bill consistent with boundary
expansion bills for Jean Lafitte that have passed the Senate
during previous Congresses.
The seventh bill, S. 890, would provide for certain
administrative and support services for Dwight D. Eisenhower
Memorial Commission. The Department has no position on S. 890
as it involves providing administrative and support services
for an established Congressional Commission by the General
Services Administration.
However, we support the work of the Commission and are
willing to assist them throughout the process of establishing
an appropriate and permanent memorial to honor Dwight D.
Eisenhower, the 34th President of the United States.
And the eighth bill, H.R. 1047, would authorize the
Secretary of Interior to conduct a study to determine the
suitability and feasibility of designating the Soldiers'
Memorial Military Museum located in St. Louis, Missouri as a
unit of the National Park System.
The Department opposes this bill. The memorial is currently
listed as eligible for the National Register of Historic
Places, but at this time has not been nominated. In a time of
tight budgets and refocusing on the core mission of the
National Park Service, we believe that funding should be
directed toward completing previously authorized studies.
Mr. Chairman, that concludes my statement. I'd be happy to
answer any questions you or other committee members may have.
[The prepared statement of Mr. Wenk follows:]
Prepared Statement of Daniel N. Wenk, Deputy Director for Operations,
National Park Service, Department of the Interior
s. 169
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department's
views on S. 169, the National Trails System Willing Seller Act. S. 169
would amend the National Trails System Act to provide land acquisition
authority from willing sellers, but specifically exclude the use of
condemnation, for nine national scenic and national historic trails
established between 1978 and 1986.
The Department supports S. 169, which is similar to legislation the
Department supported during the 108th Congress. The Department supports
the 17 national historic trails, 8 scenic trails, and 900 national
recreation trails that make up the approximately 60,000 miles of trails
in the National Trails System. National trails are a popular way of
linking together thousands of significant historic sites and drawing
attention to local cultural and natural resources. This network of
trails has provided millions of visitors across the country with
rewarding and enjoyable outdoor experiences. Thousands of volunteers
each year work tirelessly to plan promote, build, maintain and
otherwise care for these trails.
Trails can provide an important opportunity to promote citizen
involvement and bring together communities. The Department of the
Interior has developed a set of principles that will serve as an
important guide for all land transactions conducted by the Department.
The principles include:
1. Integrity.--Transactions shall meet the highest ethical
standards and comply with all applicable laws, rules,
regulations and codes of professional conduct.
2. Good Faith.--Transactions shall occur in good faith and
only with willing parties.
3. Transparency.--Transactions shall be pursued transparently
with appropriate opportunities for public participation.
4. Mission.--Transactions shall promote fulfillment of
Departmental and Bureau missions.
5. Citizen Stewardship.--Transactions shall be consistent
with the promotion of private stewardship.
6. Innovation.--Transactions shall employ easements,
donations and other alternatives to fee title when appropriate.
7. Congressional Direction.--The Department shall provide
technical assistance and policy recommendations to Congress,
when requested, and in a manner consistent with these
principles.
Within this framework, the Department recognizes the positive role
the Federal government could play in the protection of these trails
with the authority provided under S. 169. For example, current
provisions of the National Trails System Act prohibit the expenditure
of funds to acquire lands and do not provide clear authority to accept
donated lands or easements. The current prohibition on using funds to
acquire lands also applies to the acquisition of interest in lands, and
thus, the Federal government cannot purchase easements from interested
landowners.
It is paramount that we work closely with private landowners, local
communities, private volunteer groups, and State and local governments
to discover creative solutions for trail protection that may not result
in fee simple acquisition. To ensure that such alternative solutions
are fully explored, we have provided a proposed amendment at the end of
this testimony.
In addition to the considerations in our proposed amendment, we
understand that several additional steps would have to occur before
purchase of a trail segment from a willing seller occurs including:
developing a land protection plan; undergoing a public review process;
and requesting, obtaining and prioritizing appropriate funding.
The National Trails System Act was initially developed by Congress
principally to offer Federal assistance and support for protecting the
land base of the Appalachian National Scenic Trail. When the act was
passed in 1968, both the previously existing Appalachian and Pacific
Crest National Scenic Trails were established as the two initial
components of the National Trails System and 14 more trails were
proposed for study as potential additions to the National Trail System.
The core authorities of the act addressed how to establish nationally
significant trails.
In 1978, the national historic trails category was added to the
National Trails System accompanied by authorization of four historic
trails (Oregon, Mormon Pioneer, Lewis and Clark, and Iditarod).
National historic trails were seen as primarily commemorative with only
limited need for acquisition authority. Amendments added to the
National Trails System Act prohibited expenditures by Federal agencies
to acquire lands or interests in lands for these trails outside of
existing Federal areas. Amendments added in 1980 and 1983 made this
prohibition applicable to the Continental Divide National Scenic Trail,
as well as to the North Country, Ice Age, and Potomac Heritage National
Scenic Trails. This means the generic land acquisition authorities
provided in Section 7 of the National Trails System Act cannot be used
on any of these scenic and historic trails.
Since 1983, most of the trails established under the National
Trails System Act have had language similar to the following sentence:
``No lands or interests therein outside the exterior boundaries of any
federally administered area may be acquired by the United States for
the Pony Express National Historic Trail except with the consent of the
owner thereof.'' This ``willing seller authority'' falls somewhere
between the full land acquisition authority used to protect the
Appalachian and Pacific Crest National Scenic Trails and the ban on
Federal funding for acquiring segments that fall outside of national
parks, forests and wildlife refuges on the nine trails included in this
bill.
From its beginning, the National Trails System was premised on the
establishment, operation, and maintenance of national trails as
collaborative partnership efforts. For land protection, specifically,
state governments and nonprofit partners are encouraged to protect what
they can of the national trails, with the Federal government embarking
on land acquisition only as a last resort. For example, in Wisconsin,
an arrangement was set up for the Ice Age National Scenic Trail under
which the State of Wisconsin took the lead in acquiring trail lands,
with support from the Ice Age Park and Trail Foundation and
coordination by the National Park Service. Further, trail nonprofit
partners have been encouraged to develop land trusts to acquire
critical lands. This bill is supported by a broad coalition of trail
organizations across America.
Along historic trails, the major means of protecting the trail
corridor has been through a voluntary certification process. These
renewable agreements between the Federal trail agency and the landowner
have enabled trail sites and segments to remain in private ownership
and still receive Federal government recognition as part of a national
historic trail. The advantages to certification are that it is less
costly for the government and the land remains in private (or State)
ownership, continuing to generate taxes.
It would be impossible to estimate funding requirements associated
with this bill at this time, as the number of willing sellers is
unknown, whether donation, easements, or fee simple acquisition would
be employed is unknown, and the cost of the land segments for each
trail would vary due to geographic location and the long time span over
which the acquisition work would take place. The Administration will
identify the costs for each trail on a case-by-case basis.
By bringing the land acquisition authority on these nine trails in
line with those in the majority of national scenic and national
historic trails in the National Trail System, S. 169 would allow the
Federal government to assist in the protection of these trails, through
donation, easements, and, as a last resort, fee simple acquisition from
landowners actively interested in selling land for trail protection.
Mr. Chairman, this concludes my prepared testimony. I would be
happy to answer any questions you or your committee may have.
proposed amendment to s. 169
On p. 2, line 9, after ``thereof.'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 2, line 19, after ``thereof.'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 3, line 3, after ``thereof.'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 3, line 13, after ``thereof'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 3, line 23, after ``thereof'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 4, line 9, after ``thereof'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 4, line 16, after ``thereof'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 4, line 23, after ``thereof'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
On p. 5, line 5, after ``thereof'' insert ``The Secretary shall
give priority to acquiring lands by donation and acquiring easements or
other alternatives to fee title when appropriate.''
s. 312 and h.r. 497
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department of the
Interior's views on S. 312 and H.R. 497, bills to authorize the Marion
Park Project, a 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.
The Department of the Interior supports enactment of S. 312 and
H.R. 497, and we suggest that a technical correction be made to S. 312
to make it consistent with the House-passed companion bill, H.R. 497.
The Senate bill references ``the Marion Park Project and Committee of
the Palmetto Conservation Foundation'' as the entities authorized to
establish the commemorative work. We suggest an amendment to change
this reference to ``the Marion Park Project, a committee of the
Palmetto Conservation Foundation.'' The National Capital Memorial
Advisory Commission considered proposals to establish this memorial on
June 27, 2006, and unanimously endorsed the establishment of a memorial
in the Nation's Capital to Brigadier General Francis Marion.
S. 312 and H.R. 497 would establish a commemorative work on Federal
land to honor Brigadier General Francis Marion in accordance with the
Commemorative Works Act. They would prohibit Federal funds from being
used to pay any expense of the establishment of the commemorative work,
requiring the Marion Park Project and Committee of the Palmetto
Conservation Foundation to be solely responsible for funding and
establishment. After payment of the expenses for establishing the
commemorative work, which includes the offset for the maintenance and
preservation of the memorial, or upon expiration of the authority for
the commemorative work, S. 312 and H.R. 497 would direct all remaining
funds to be transmitted to the Secretary of the Treasury for deposit in
an account provided for this purpose. S. 312 also would direct any
funds remaining for the commemorative work upon expiration of
legislative authority to be transferred to the same account.
Memorials built in the District of Columbia and its environs on
lands managed by the National Park Service or the General Services
Administration are established in accordance with the Commemorative
Works Act. If a memorial is proposed on lands managed by the National
Park Service, the Commemorative Works Act requires that within 7 years
from the date of enactment, the sponsor obtain approvals for its
location and design from the Secretary of the Interior, the National
Capital Planning Commission, and the Commission of Fine Arts and
complete its fundraising for the memorial. The National Park Service
issues a permit to begin construction of the memorial as soon as
construction documents are certified and evidence of sufficient funds
to complete the memorial have been provided by the sponsor. The
Commemorative Works Act also requires an additional 10 percent of the
construction cost to be provided to defray future unbudgeted
maintenance costs. Since 1986, memorials that range from large-scale
memorials to memorial plaques have been established under the terms of
the Commemorative Works Act. These have fully met the requirements to
obtain a permit to begin construction.
Although S. 312 and H.R. 497 do not designate a specific site for
the memorial, they recognize that U.S. Reservation 18 has been named
Marion Park since 1878 but lacks a formal commemoration to Brigadier
General Francis Marion. Marion Park is located between 4th and 6th
Streets, S.E. at the intersection of E Street and South Carolina
Avenue, S.E. in Washington, D.C. This site is located in Area II under
the Commemorative Works Act, which requires that the subject be of
``lasting historical significance to the American people.'' While
Marion Park is the logical place to locate this memorial, we would like
the opportunity to study alternative locations with potential nexus to
Brigadier General Marion under the provisions of the Commemorative
Works Act. Site selection is an important part of the process
established by the Commemorative Works Act. Thus, recognizing Marion
Park in the findings of the bill, rather than designating it as the
site for the commemorative work, is appropriate.
Brigadier General Francis 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. He is credited for inventing and applying innovative
battle tactics in this effort, keys to an ultimate victory for the
American Colonies in the Revolutionary War. Additionally, Brigadier
General Marion's troops are believed to have been the first racially
integrated force fighting for the United States. In our judgment he is
certainly worthy of being commemorated in our Nation's Capital.
Mr. Chairman, thank you for the opportunity to comment. This
concludes my prepared remarks and I will be happy to answer any
questions you or other subcommittee members might have.
s. 580
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 580, a bill to amend the
National Trails System Act to update the feasibility and suitability
studies of the Oregon, Pony Express, California, and Mormon Pioneer
National Historic Trails (NHTs).
The Department supports S. 580, which is similar to legislation the
Department supported during the 108th Congress. While the Department
supports the authorization of these studies, we also believe that any
funding requested should be directed first toward completing previously
authorized studies.
S. 580 would update the feasibility and suitability studies and
make recommendations through the examination of additional routes and
cutoffs not included in the initial studies of all four trails. The
Secretary of the Interior would determine if any of these routes and
cutoffs are eligible as additions to the four NHTs at the completion of
these studies and report back to the Congress on those deemed
appropriate for addition to the trails.
The feasibility study for the Oregon NHT was completed in 1977, the
study for the Mormon Pioneer NHT in 1978, and the one for the
California and Pony Express NHTs in 1987. Since those studies have been
completed, additional routes and cutoffs were identified that may
qualify as segments of these trails. The National Trails System Act
does not provide the authority to evaluate and add additional routes
and cutoffs without certain legislative amendments.
The Oregon NHT, authorized in 1978, commemorates the ``primary
route'' used by emigrants beginning in 1841 between Independence,
Missouri and Oregon City, Oregon. Traveled by thousands, the trail
contained routes and cutoffs used through the years. These secondary
routes had substantial emigrant traffic over several decades that
demonstrate historical significance and may be worthy of examination in
an updated study.
The authorization of the Mormon NHT in 1978 commemorates the
journey of the pioneer party in 1846-1847 from Nauvoo, Illinois, to
Salt Lake City, Utah. As with the Oregon NHT, emigrant traffic occurred
on many additional routes during the Mormon migration westward. As with
the other trails, these routes frequently coincide with one another.
Preliminary data indicate significant historic traffic along many of
these routes.
Authorized in 1992, the California NHT commemorates the gold rush
to the Sierra Nevada. Dozens of routes and cutoffs were traveled by
thousands of pioneers, but no single route dominated.
The Pony Express NHT was included in the same authorizing
legislation as the California NHT. It commemorates the efforts of this
nation struggling to establish a system of communication across the
Trans-Missouri west. The trail primarily follows routes beginning at
St. Joseph, Missouri and ending in San Francisco, California. The firm
of Russell, Majors, and Waddell, a Missouri freighting company,
established and operated the Pony Express for one and a half years
before it fell on hard times and ceased to exist. A short section of
the trail, from the Missouri River into Kansas, may be worthy of study
and is included in S. 580.
All four trails overlap one another in many locations and several
of the routes and cutoffs proposed for study in S. 580 are already part
of designated trails. These shared routes are prominent where the
trails depart from various points along the Missouri and Mississippi
Rivers, particularly in the Kansas City, St. Joseph, Nebraska City,
Council Bluffs and Omaha areas. Several other shared locations include
routes in western Nebraska, Kansas, Colorado, Wyoming, Idaho, Nevada
and California.
The National Trail System Act requires that studies of lands
proposed for trails be made in consultation with Federal, State, and
local agencies, as well as nonprofit trail organizations. Between 1994
and 1999, the National Park Service--in collaboration with the Bureau
of Land Management, USDA Forest Service, trail advocacy groups and
others--completed the Comprehensive Management and Use Plan and
Environmental Impact Statement (1999) for the four trails. This was the
initial plan for the recently established California and Pony Express
NHTs as well as revised plans for the earlier established Oregon and
Mormon Pioneer NHTs. S. 580 would allow for the consideration of these
additional alternates and cutoffs by authorizing an update of the
original studies done for these four trails to evaluate which are
eligible for designation as NHT segments. S. 580 maintains the
requirements of the National Trail System Act to work closely with
Federal agencies, State, local and tribal governments, local landowners
and other interested parties. We anticipate the cost of updating these
studies to be approximately $300,000.
The intent of the National Trails System Act is one of respecting
private property rights. Given that historic trails cross public and
private lands, the development of strong partnerships is critical to
administering and managing the historic trails and achieving
preservation of trail resources and interpretation of the trail to the
public. The four national trails in this legislation demonstrate
existing public and private partnerships.
This concludes my testimony. I would be happy to respond to any
questions that you or members of the subcommittee may have.
s. 686
Mr. Chairman and members of the committee, thank you for the
opportunity to appear before you to provide the Department of the
Interior's views on S. 686, a bill to designate the Washington-
Rochambeau Revolutionary Route as a national historic trail.
The Department supports enactment of this bill.
The study report on the Washington-Rochambeau Revolutionary Route,
authorized by P.L. 106-473, continues under public review until May 4,
2007. The study has preliminarily concluded that the trail meets the
criteria for designation as a national historic trail. Although we
normally prefer to complete studies before making a recommendation, the
study's central recommendation is unlikely to change this late in the
process. The public comment period will determine if any further
revisions to the study are required.
S. 686 would amend the National Trails System Act to designate the
Washington-Rochambeau Revolutionary Route National Historic Trail
across nine states and the District of Columbia. The trail would be
administered by the Secretary of the Interior in consultation with
other Federal, State, tribal, regional, and local agencies, and the
private sector.
The Washington-Rochambeau Revolutionary Route spans over 600 miles
from Newport, Rhode Island where French forces under the command of
Jean Baptiste Donatien de Viemeur, comte de Rochambeau landed in July
1780, to Yorktown, Virginia where with General George Washington and
Continental Army forces, the combined armies forced the surrender of
the British Army under General Charles Lord Cornwallis. Historians
regard this cooperative endeavor resulting in the Yorktown surrender as
one of the most decisive events in bringing the American Revolution to
a successful conclusion. It initiated and has had the long-lasting
effect of our continued friendship with the people of France.
After wintering in Newport, Rochambeau's army marched through Rhode
Island and Connecticut and joined Washington's army in Phillipsburg,
New York. Foregoing an attack on New York City, the two generals
decided to attack from the south. In August through September, the
armies traversed New Jersey, Pennsylvania, Delaware, Maryland, the
future District of Columbia, and Virginia, reaching Williamsburg in
late September. A French fleet under Admiral DeGrasse blocked the
Chesapeake Bay from British entry and the possible escape of British
troops at Yorktown. On October 19, 1781, Cornwallis surrendered his
forces to those who had suffered the hardships of rebellion and their
allies, and ultimately forged the birth of a nation.
In the summer of 1782, Rochambeau's army marched north to Boston
and the bulk of his troops sailed to France on Christmas Eve of that
year. In this crucial march south and then victoriously north after
Yorktown, American and French troops were warmly greeted and celebrated
by the populace. In all, nine future states and the future District of
Columbia comprised portions of the route and supported the march,
providing ports, roads, campsites, officers' lodging, food provisions
and supplies.
The extant resources associated with the marches of 1781 and 1782
are well-documented. Comprehensive historical and architectural surveys
have identified 750 known resources directly related to the route and
many more in adjacent locations. Many resources found along the
Revolutionary Route are National Historic Landmarks or sites listed on
the National Register of Historic Places. They include campsites and
bivouacs; historic road segments and landscapes; numerous buildings
used for accommodations of the troops and meetings; archeological
resources; tombstones and grave markers; and, abundant plaques, tablets
and statues marking the passage of those, both French and American, who
marched to secure a nation's beginning.
The proposed trail links units of the National Park System,
national heritage areas, and related resources administered by States,
local governments and private organizations that commemorate the
nation's struggle for independence. As one traverses the Washington-
Rochambeau Revolutionary Route, the places that ring of our nation's
revolutionary past come into view from Newport to Hartford; Peekskill
to Morristown, Princeton, and Trenton; Philadelphia and Valley Forge to
Wilmington and Baltimore; and Mt. Vernon to Williamsburg and Yorktown.
S. 686, if enacted, would provide for administration of the
Washington-Rochambeau Revolutionary Route National Historic Trail by
the Secretary of the Interior and, in accordance with provisions of the
National Trails System Act, provide for the establishment of a trail
advisory council. The Secretary would also consult with Federal
agencies, State and local governments and private organizations to
develop a comprehensive management plan for the trail. The cost
associated with implementation of the plan could be shared by relevant
State and local governments and private organizations, which generally
helps to limit Federal expenditures for national trails. The Federal
cost to administer this national trail is expected to be phased in,
eventually reaching approximately $200,000 to $400,000 annually.
Our experience during the course of the study for the trail has
indicated that there is wide-spread support for designation among
affected State and local governments and the many private organizations
that participated in our public meetings and closely followed the
progress of the study. For example, during the study process, a new
nine-State nonprofit 501(c)(3) partnership group, the National
Washington Rochambeau Revolutionary Route Association, was formed to
support designation of the trail and education of the public on the
Revolutionary War. This group could be a key partner in the
preservation and interpretation of the route if the trail is
designated. We believe that this trail, if designated, will be
characterized by significant continued participation by the many
governments and organizations along the route.
This concludes my prepared remarks, Mr. Chairman. I will be happy
to answer any questions you or other committee members may have
regarding this bill.
s. 722
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Administration's
views on S. 722, a bill to direct the Secretary of the Interior and the
Secretary of Agriculture to jointly conduct a study of certain lands
adjacent to the Walnut Canyon National Monument in the State of
Arizona.
The Administration does not object to the enactment of S. 722. In
testimony before this subcommittee in the 109th Congress, the
Administration also did not object to the enactment of S. 556, an
almost identical bill. However, the Administration believes that
funding should be directed first toward completing and implementing
ongoing studies.
S. 722 would direct the Secretary of the Interior and the Secretary
of Agriculture to conduct a study of approximately 31,000 acres
surrounding Walnut Canyon National Monument (monument). The bill would
direct the Secretaries to utilize a third-party consultant to prepare a
draft study and designate a lead agency to conduct the study. The study
would evaluate a range of options to manage federal and State lands
adjacent to the monument in the long term in order to protect the
resources and maintain public use and access to this area of Arizona,
as well as the respect the rights of private property owners that are
within the study area.
S. 722 would direct the Secretaries, as well as local land
managers, the Flagstaff City Council and the Coconino County Board of
Supervisors to review and provide the third-party consultant with
comments on the draft study. The bill also requires a report that
includes findings, conclusions, and recommendations for future
management of the study area to be transmitted by the Secretaries to
Congress no later than 18 months after appropriations are made
available. The bill would authorize $350,000 to carry out S. 722.
Walnut Canyon National Monument was established on November 30,
1915, by Presidential Proclamation with the specific purpose of
preserving the prehistoric ruins of ancient cliff dwellings. The
monument was expanded in 1938 and 1996 and now occupies approximately
3,600 acres. The purposes for which the area was originally established
have expanded to include protection of natural and cultural resources
that are known to be significant to contemporary native tribes and the
ecological communities and geological resources that make the canyon an
outstanding scenic resource. The monument and the surrounding lands of
the Coconino National Forest provide a significant natural sanctuary
and greenbelt surrounding the city of Flagstaff.
During the last few years, the National Park Service has been
completing a General Management Plan (GMP) for Walnut Canyon National
Monument. The final version of the GMP will be released for 30 day
public review later this year. Many of the issues identified for
resolution in S. 722 are also identified as needs in the GMP including
addressing the history of this boundary issue and the planning efforts
that area governments have been making that would affect the quality
and values of the monument.
For several years, local communities adjacent to the monument have
debated how the land surrounding the monument would be best protected
from future development. A number of years ago, the Coconino County
Board of Supervisors and the Flagstaff City Council passed resolutions
concluding that the preferred method to determine what is best for the
land surrounding the monument is by having a federal study conducted.
Included within the lands to be studied that surround the monument are
approximately 2,000 acres of State trust lands. Our understanding is
that Arizona law prohibits State lands to be donated and that the
Arizona Supreme Court has determined that the Arizona Constitution
prohibits the disposal of certain State land except through auction to
the highest and best bidder. Should the study's conclusions involve
these types of actions concerning State lands, we would have to await a
determination on how the citizens of Arizona and their representatives
would recommend proceeding.
We understand the concern that National Forest System (NFS) lands
between the Monument and the City of Flagstaff might eventually be sold
or exchanged originally prompted local support for this proposed study.
The proposed study area is within two miles of the campus of Northern
Arizona University and is a prime recreation area for students, as well
as for Flagstaff area residents. In fact, the area is the second most-
used area for recreation in the greater Flagstaff area, behind only the
San Francisco Peaks.
In 2003, the Coconino National Forest amended its Land and Resource
Management Plan, resulting in a decision to provide for closure of the
area to motorized access and to remove the land encircling the Monument
from consideration for sale or exchange. The Flagstaff-area Regional
Land Use and Transportation Plan (RLUTP), approved by the Flagstaff
City Council and the Coconino County Board of Supervisors in 2002,
limits growth and does not allow for development within the study area.
RLUTP specifically precludes two key sections of Arizona State Trust
land between Flagstaff and the Monument as suitable for development.
Those lands are identified in the plan for open space and greenways.
Mr. Chairman, I would like to note that since this bill was first
introduced, a great deal of cooperative planning work has been
accomplished by the National Park Service, U.S. Forest Service, State
of Arizona, Coconino County, and the City of Flagstaff to achieve the
bill's objectives.
If the Committee moves forward with S. 722, Section 4 may need to
be amended to specify that the draft study be available for public
comment. Additionally, section 4(e)(2) should also be revised to
require the Secretaries to ``submit to Congress a report that includes
recommendations, if any, for the future management of'' certain lands
adjacent to the Walnut Canyon National Monument in the State of
Arizona, consistent with the Recommendations Clause of the
Constitution. We will be happy to work with the Committee on the
suggested amendments.
Mr. Chairman that completes my prepared remarks. I would be happy
to answer any questions that you or other members of the subcommittee
may have.
s. 783
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to present the Department of the Interior's views on S.
783. This bill would adjust the boundary of the Barataria Preserve Unit
of the Jean Lafitte National Historical Park and Preserve (Park) in
Louisiana.
The Department supports S. 783, with a clarifying amendment. The
bill contains an expansion of the acquisition authority contained in a
legislative proposal transmitted by the Administration in the 108th
Congress.
This bill would authorize the Secretary of the Interior (Secretary)
to acquire approximately 3,900 acres adjacent to the Barataria Preserve
(Preserve) unit of the park that were recommended by a 1996 boundary
study. This bill would also authorize the Secretary to acquire
approximately 5,000 acres of a historic plantation from willing
sellers. These private lands and waters would be added to the boundary
of the Preserve only after they are acquired. Acquisition of all the
lands and waters authorized by this bill would increase the authorized
size of the Preserve from approximately 18,400 acres to approximately
27,300 acres. Finally, the bill would make clarifying amendments to
Title IX of the National Parks and Recreation Act of 1978, the
legislation that established the park.
The Jean Lafitte National Historical Park and Preserve was
established to preserve significant examples of the rich natural and
cultural resources of Louisiana's Mississippi Delta region. The park
illustrates the influence of environment and history on the development
of a unique regional culture. The Barataria Preserve, one of the park's
six units and currently consisting of approximately 18,400 acres, is
located in Jefferson Parish, about 10 miles south of New Orleans.
The boundary expansion proposed by S. 783 would allow the addition
of estuarine and freshwater wetlands to the Barataria Preserve's
boundaries, allowing the boundary to more closely conform to existing
waterways and levee corridors that mark the interface between
developable land and estuarine wetlands. The expanded boundary would
also protect wetlands that are part of the Barataria-Terrebonne
National Estuary, the most biologically productive estuary in North
America and a natural buffer for tropical storm surges. This estuary
has experienced the highest rate of land loss of any of our coastal
wetlands.
Two of the areas proposed for acquisition--Bayoux aux Carpes and
Bayou Segnette--total 3,905 acres and were studied by NPS in 1996 and
found to be appropriate and suitable additions to the park. These areas
were proposed for acquisition in an Administration legislative proposal
forwarded to Congress during the 108th Congress.
Approximately 3,084 of the 3,905 acres in these areas are in
federal ownership as the result of the settlements of lawsuits, one by
the Department of Justice and one by the U.S. Army Corps of Engineers.
S. 783 would transfer these areas to the NPS. Currently, the NPS has
constructive possession of the deeds for the 2,268 acres owned by the
Department of Justice, but no authority to manage them. The Corps has
indicated its willingness to transfer management authority for their
815 acres of lands to the NPS once the Hurricane Protection Levee is
complete and an easement is granted to the local levee district along
the boundary of the tract. There are also approximately 821 acres of
nonfederal land within these areas. All but 86 of those acres are
either undevelopable jurisdictional wetlands or state owned highway or
levee right-of-ways which could only be acquired by donation. All of
the non-federal landowners within Bayou aux Carpes have been contacted
about being included within the boundary and none have objected.
Several have actively supported inclusion of their property within the
proposed boundary.
S. 783 would also allow the Secretary to acquire the 5,000-acre
Fleming (formerly Mavis Grove) Plantation. While most of the Plantation
is composed of wetlands that would offer recreation and watershed
protection, the Plantation also contains a 2,000 year old Native
American ceremonial mound, one of the most intact prehistoric sites
remaining in the delta region. The Plantation is owned by the Fleming
family LLC and individual Fleming family members. A representative for
the Fleming family has contacted the National Park Service and members
of Congress to encourage that the Plantation be added to the Preserve.
In an Administration proposal submitted to Congress during the
108th Congress, the National Park Service estimated the costs of 821
acres of these private lands. Of the 821 acres, roughly 735 acres were
wetlands that had been recently appraised at $170,000, or less than
$300 per acre. Approximately 86 of these acres were developable, but
were accessible only by a dirt road and do not include utilities,
highway or waterfront access. These lands are expected to cost $25,000
per acre, or approximately $2.1 million for 86 acres. Costs for the
Fleming plantation are not available at this time.
No funding has yet been identified for any of the acquisitions
proposed in this bill. Funding for any of these purposes would be
subject to the budget prioritization process of the National Park
Service.
The expanded boundary proposed in S. 783 would also include State-
owned highway rights-of-way and State-owned hurricane protection levee
properties that run along the current boundary. Although these
properties would remain in State ownership, their inclusion within the
new boundary would provide opportunities for partnerships between the
NPS and the State or its subdivisions for law enforcement and boundary
patrol.
Managing the additional lands, consisting of boat patrols conducted
with varying frequency, could have an effect on park operational costs.
Because the lands would remain undeveloped we estimate that it could
cost approximately an additional $100,000 to manage them. A more
accurate budget estimate would depend upon many factors, including the
ability of the Park to reallocate resources and future plans for the
addition. The addition of the federal properties would not contribute
to the maintenance backlog because no facilities would be added and the
federal lands would be acquired by direct transfer and would not
involve acquisition costs other than those to process the transfer.
The NPS has had extensive consultations with local governments and
taken appropriate steps to increase public awareness on the proposed
actions in S. 783. In 1999, both the Jefferson Parish Council and the
Village of Jean Lafitte adopted resolutions that support the Federal
land transfers.
S. 783 would also amend Title IX of the National Parks and
Recreation Act of 1978 to make corrections in the name of the park and
the Barataria unit and amend several provisions that are obsolete or
need clarification, including removing references to a ``Park
Protection Zone'' that was never established by local or State
government.
S. 783 appears to modify the authority given to the Department by
the 1978 act that authorized the park. The Department would like to
work with the committee to make certain that acquisition authority
within the existing Preserve remains consistent with the 1978 act, and
that boundary adjustment language is consistent with bills in previous
Congresses.
Mr. Chairman, that completes my testimony. I would be pleased to
answer any questions you or other members of the subcommittee may have.
s. 890
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department of the
Interior's views on S. 890, a bill to provide for certain
administrative and support services for the Dwight D. Eisenhower
Memorial Commission.
The Department has no position on S. 890 as it involves providing
administrative and support services for an established congressional
commission by the General Services Administration (GSA) rather than the
Department of the Interior. We understand that the Department of
Justice may have concerns with certain provisions on volunteer services
in S. 890 that could significantly expand the potential for Federal
tort liability and will advise the Committee of those concerns in the
near future.
The Dwight D. Eisenhower Memorial Commission (Commission) is a
congressional commission established by Section 8162 of Public Law 106-
79 on October 25, 1999. S. 890 would amend Section 8162 to update the
powers of the Commission and provide additional staff and support
services to assist the Commission in performing its duties and
responsibilities. The bill would require the GSA to provide
administrative services on a reimbursable basis. It also would allow
the Commission to use all contracts, schedules, and acquisition
vehicles allowed to external clients through the GSA.
In January 2002, the Commission's authorization was amended by
Public Law 107-117 to require that the memorial to Dwight D. Eisenhower
be established pursuant to the provisions of the Commemorative Works
Act. Public Law 109-220, enacted in May 2006, authorized the memorial
to be constructed on a site within Area I as Dwight D. Eisenhower is
deemed to be of ``preeminent historical and lasting significance to the
Nation.'' As a result of an alternative site study completed in 2006,
the National Park Service, the Commission of Fine Arts and the National
Capital Planning Commission have all approved a site south of
Independence Avenue near its intersection with Maryland Avenue, which
was identified in the Memorials and Museums Master Plan as Prime
Candidate Site suitable for a presidential memorial. The next step is
for the Commission to select a design concept in accordance with
guidance contained in the site approval and to submit it for review by
the Secretary of the Interior, the Commission of Fine Arts and the
National Capital Planning Commission.
During his term, President Eisenhower created the National
Interstate Highway System, which remains a critical component of U.S.
infrastructure today. Eisenhower also is credited with proposing and
signing into law the Civil Rights Acts of 1957 and 1960, and striving
to make the District of Columbia a model for the nation in racially
integrating public schools. He created the precedent for the proposed
National Parks Centennial Initiative by initiating a comprehensive ten-
year program, Mission 66, to restore and improve National Parks to meet
the needs of a public increasingly interested in the great outdoors.
The Department supports the work of the Commission and is willing
to assist them throughout the process of establishing an appropriate
permanent memorial to Dwight D. Eisenhower, the 34th President of the
United States.
That concludes my testimony, I would be glad to answer any
questions that you or other members of the subcommittee may have.
h.r. 1047
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department of the
Interior's views on H.R. 1047, a bill to authorize the Secretary of the
Interior to conduct a study to determine the suitability and
feasibility of designating the Soldiers' Memorial Military Museum
located in St. Louis, Missouri, as a unit of the National Park System.
The Department opposes H.R. 1047, which is identical to legislation
the Department opposed in the 109th Congress. While it is an
architecturally beautiful structure, the St. Louis Soldiers' Memorial
(Memorial) is not distinguished beyond that of many other war memorials
in cities all over the United States. The Memorial is currently listed
as eligible for the National Register of Historic Places, but at this
time has not been nominated. Therefore, it is not known whether it
meets the criteria for national significance, which is the minimum
standard a memorial must meet for inclusion in the National Park
System. Finally, in a time of tight budgets and a refocusing on the
core mission of the National Park Service, we believe that funding
should be directed toward completing previously authorized studies.
The Soldiers' Memorial is a tribute to and a cultural resource
center for all veterans located in the greater St. Louis area,
including southern Illinois. In 1923, the residents of St. Louis voted
to purchase a memorial plaza and construct a memorial to commemorate
the citizens of St. Louis who lost their lives in World War I. A seven-
block site was purchased and the construction of the Soldiers' Memorial
began on October 21, 1935. President Franklin D. Roosevelt officially
dedicated the site on October 14, 1936 and the building was opened to
the public on Memorial Day in 1938. H.R. 1047 would authorize a study
of the Soldiers' Memorial Military Museum at 1315 Chestnut Street in
the greater St. Louis area to determine its eligibility to become a
unit of the National Park System. The study would be conducted in
accordance with the criteria contained in Section 8(c) of Public Law
91-383 (16 U.S.C. la-5(c)).
Mr. Chairman, this concludes my prepared testimony. I would be
pleased to answer any questions you or the subcommittee may have.
Senator Akaka. Thank you very much, Mr. Wenk for your
testimony here and your comments on all of the bills on behalf
of the Department.
Let me begin with S. 169 and S. 540, the two trail bills
that have been before this committee many times before. Just to
make sure the record is clear; the administration supports both
bills, although you are recommending clarifying amendments for
S. 169. Is that correct?
Mr. Wenk. That is correct.
Senator Akaka. I have a question on S. 722, the Walnut
Canyon Study bill. This bill is somewhat unusual in that it
requires that the study be conducted by a third-party
consultant instead of having the two agencies undertake the
study.
Do you support this third-party requirement? Is there a
substantive difference having the study prepared by an outside
party?
Mr. Wenk. We do support the third-party preparation of the
statement. We believe that the concern that has led to this
provision is that both the United States Forest Service, or the
Department of Agriculture, and Department of Interior manage
lands.
A third party would provide an unbiased recommendation in
terms of how this should move forward. Certainly, the
Secretaries would have to determine which of the two agencies
would be the entity that would contract for the study, but it
would provide, if you will, an unbiased recommendation to the
Secretaries for then a recommendation to Congress.
Senator Akaka. Thank you. One of the witnesses appearing on
the next panel will testify that the Park Service has made a
mistake on not having the Washington-Rochambeau Trail run
through Dobbs Ferry, New York. Do you know why Dobbs Ferry was
excluded, and do you have any opinion on whether the proposed
trail route should be modified to encompass it?
Mr. Wenk. First of all, I do not believe that it was
excluded. It was not shown on the map. Dobbs Ferry is a
recognized site that is associated with the historic trail.
It's referenced within the study that has been done, and I
believe that we believe it is a contributing element within the
Washington-Rochambeau trail.
Senator Akaka. With respect to S. 783, the Jean Lafitte
boundary expansion in Louisiana, the bill proposes to add a
5,000-acre parcel known as the Fleming Plantation. Do you
support this area being added to the park?
Mr. Wenk. Yes, we do. We believe that it meets the criteria
for addition to the preserve, yes.
Senator Akaka. I understand that the Department is not
taking a position on S. 890, since it involves the GSA, and not
the National Park Service.
Can you tell me, Mr. Wenk, whether any of the other groups
authorized to build a memorial under the Commemorative Works
Act have been given authority to hire Federal employees, as is
being proposed for the Eisenhower Commission?
Mr. Wenk. There are Federal employees under the American
Battle Monuments Commission, which, for example, constructed
the World War II Memorial.
Also there were Federal employees that were used for
planning the design services on such places as FDR Memorial and
the Korean War Veteran's Memorial.
Senator Akaka. With respect to H.R. 1047, the Soldiers'
Memorial Study, you said you don't know whether the site is
nationally significant. Isn't that one of the primary reasons
for the study, to determine whether the site is nationally
significant?
Mr. Wenk. Typically, on these kinds of sites, there would
be a determination. It is listed as eligible for the National
Register of Historic Places, but it has not been nominated; it
does not yet have a sponsor. Typically, we would consider it
only after that eligibility or nomination had been determined.
Senator Akaka. Thank you for your responses.
Senator Thomas.
Senator Thomas. Thank you. Going back to the National Trail
System Willing Sellers thing: nine trails are addressed in
there. How much land needs to be added as a result of the nine
trails?
Mr. Wenk. There may be no land added, sir, as a result of
this amendment. What it provides for is protection of the
trails that currently is not afforded to us.
Currently we do not even have the opportunity to accept
donations or easements because we're prohibited in spending
funds that would be required for the surveys, title searches,
etc. So it would just allow us the opportunity to put under
protection the same opportunities for many other of the trails.
Senator Thomas. Why is it called Willing Seller?
Mr. Wenk. Because this would only be done with willing
sellers.
Senator Thomas. I understand, but I'm saying how much land
are you looking to acquire?
Mr. Wenk. We're not looking to acquire. It is, if a willing
seller came to us and said that we would like to ensure the
long-term protection of this, we would then have the ability to
purchase, if they wanted us.
Senator Thomas. So you don't have any idea of what could be
involved there in terms of having to purchase?
Mr. Wenk. No, we do not.
Senator Thomas. I see. Okay. Do you have any plan to ensure
the protection of multiple-use activities within the view shed?
Mr. Wenk. This would allow us the opportunity to work
under, to work with easements that would, on the scenic
trails--that would provide the opportunity to protect view
sheds.
Senator Thomas. Okay. So, you don't have any involvement in
the Eisenhower Memorial Commission then?
Mr. Wenk. No, we do not. The site that's been designated
would be under National Park Service jurisdiction, so the
ultimate management and operation of the site would be the
National Park Service.
Senator Thomas. The development, however, would be GSA.
Mr. Wenk. That is correct.
Senator Thomas. I see. Okay, well, fine. On this
Washington-Rochambeau Revolutionary Route, did you receive
comments that the route be modified to reflect a more adequate
interpretation of the route?
Mr. Wenk. The public comment period is still ongoing,
Senator Thomas. So on May 4, that public comment period ends
and we will then evaluate the comment. I know that we believe
it meets the criteria for designation. I do not know yet what
all the comments are from the public.
Senator Thomas. I see. Okay. Thank you. Thank you, Mr.
Chairman.
Senator Akaka. Thank you, Senator Thomas.
Senator Landrieu, any statement or questions you may have.
Senator Landrieu. Thank you, Mr. Chairman, I do. I'm
pleased, though, for this panelist to finish. Then in the next
panel I wanted to introduce one of the Mayors from Louisiana,
so I'm fine to wait a few minutes. Thank you.
Senator Akaka. Fine. Thank you. We're happy to have you,
Senator Landrieu. With that do we have further questions?
Well, I want to thank you very much for your responses here
to this committee and thank you for being here.
Mr. Wenk. Thank you, Mr. Chairman.
Senator Akaka. Now I call up our second panel. Before we
begin with this panel, I'd like to introduce the panel members:
they are Honorable Timmy Kerner, mayor, Lafitte, Louisiana,
Brigadier General Carl Reddel, executive director, Eisenhower
Memorial Commission, Kim Burdick, national chairman, National
Washington-Rochambeau Revolutionary Route Association,
Rockland, Delaware, Linda Borkow, Dobbs Ferry Historical
Society, Dobbs Ferry, New York, Gary Werner, executive
director, Partnership for the National Trail System, Madison
Wisconsin, James P. Brown, Washington office director, city of
St. Louis, Washington, DC.
I want to welcome all of you for coming here to testify
today. So that we have enough time to hear all of the testimony
and have time for questions afterwards, I'd like to ask each
witness to please summarize their testimony and to please limit
your remarks to no more than 5 minutes. Your complete
statements will be included in the record along with any other
materials you may submit.
So our first witness is Mayor Kerner from Lafitte,
Louisiana and let me turn to Senator Landrieu for an
introduction.
Senator Landrieu.
Senator Landrieu. Thank you, Senator Akaka. I want to give
a warm Louisiana welcome to Mayor Timmy Kerner, who's a good
friend and a wonderful leader and public servant in Louisiana,
who has led this small but vibrant community we call, Down the
Bayou, from New Orleans. He is here to testify about a change
to a bill that I introduced several years ago, and I look
forward to working with him, and I'm very supportive of that
change and expansion.
He's going to give some more details about it, but it
basically transfers not only additional land, but, Mr.
Chairman, a very historic site of an old sugar plantation site
to be part of the Jean Lafitte Barataria National Park. This is
an area not too far from the city of New Orleans, but it's a
very, very famous and very old and very historic site.
So, I just wanted to thank the mayor for being part of the
panel and Timmy, welcome and thank you also for your great work
on the hurricane protection and levees. The city that this
mayor runs is in jeopardy, is vulnerable, like many cities in
the southern part of Louisiana, and the more we can preserve
the wetlands, Mr. Chairman, and the more we can build these
levees, the safer people will be in Jean Lafitte.
So, I just wanted to welcome him and welcome the other
panelists as well. Thank you.
Senator Akaka. Thank you, Senator Landrieu.
Now may I call first on Mayor Kerner.
STATEMENT OF TIMOTHY KERNER, MAYOR, JEAN LAFITTE, LA
Mr. Kerner. Good afternoon, Mr. Chairman and distinguished
members of the committee. Today I come before you to speak in
support of S. 783, the Jean Lafitte National Historical Park
and Preserve Boundary Adjustment Act of 2007.
This bill is important to the town of Jean Lafitte,
Louisiana because it will allow the Lafitte National Historic
Park to acquire the Fleming-Berthoud Plantation, which is
located within the town of Jean Lafitte.
It is my opinion that placing the plantation within the
management authority of the National Park Service is the best
means of ensuring that this historic site will be preserved for
generations to come.
The Fleming-Berthoud Plantation is one of the southernmost
early sugar plantations. It surrounds a 1,000-year-old
prehistoric Indian mound and a historic cemetery on the edge of
Bayou Barataria. Both are very important points of interest.
The cemetery is located where many, many members of our
town's historic families have been laid to rest for more than a
century. It has been photographed many times for different
publications and has been used as a backdrop for many motion
pictures.
The buildings on the plantation such as the home, a
cottage, the blacksmith shop and several other buildings are in
poor condition, but can be restored to its original grandeur
and become another point of interest for a community that is
rebounding from Hurricanes Katrina and Rita.
Acquisition and preservation of this magnificent location
would not only enhance tourism in the area, I believe that it
will also spur substantial tourism interest in the region and
thereby help to create much needed jobs for local citizens.
The Fleming-Berthoud Plantation is an important historical
location in the Town of Jean Lafitte and I feel that this bill
is very important for the town and for Louisiana. You will be
approving the preservation and the possible restoration of
important pieces of culture and history of our State.
Mr. Chairman, that's all I have to say. I'll be ready to
answer any questions to the best of my ability to help this
project and this bill pass. Thank you.
[The prepared statement of Mr. Kerner follows:]
Prepared Statement of Timothy Kerner, Mayor, Jean Lafitte, LA
Good afternoon Chairman Bingaman, Ranking Member Domenici and
distinguished members of the Committee. Today, I come before you to
speak in support of S. 783, The Jean Lafitte National Historical Park
and Preserve Boundary Adjustment Act of 2007. This bill is important to
the town of Jean Lafitte, Louisiana because it will allow the Jean
Lafitte National Historic Park to acquire the Fleming--Berthoud
Plantation, which is located within the Town of Jean Lafitte.
It is my opinion that placing the plantation within the management
authority of the National Park Service is the best means of ensuring
that this historic site will be preserved for generations to come.
The Fleming-Berthoud Plantation is one of the southernmost early
sugar plantations. It surrounds a 1,000-year-old prehistoric Indian
mound and a historic cemetery on the edge of Bayou Barataria. Both are
very important points of interest. The cemetery is the location where
many members of our town's historic families have been laid to rest for
more than a century. It has been photographed many times for different
publications and has been used as a backdrop for many motion pictures.
The buildings on the plantation such as the home, a cottage, a
blacksmith shop, and several other buildings are in poor condition, but
can be restored to its original grandeur and become another point of
interest for a community that is rebounding from Hurricanes Katrina and
Rita.
The acquiring and preservation of this magnificent location would
not only enhance tourism in the area, I believe that it will also spur
substantial tourism interest in the region and thereby help to create
much needed jobs for local citizens.
The Fleming-Berthoud Plantation is an important historical location
in the Town of Jean Lafitte and I feel that this bill is very important
for the town and for Louisiana. You will be approving the preservation
and possible restoration of important pieces of the culture and history
of our state.
Mr. Chairman, this concludes my statement. I will be happy to
answer any questions you may have to the best of my ability. Thank you.
Senator Akaka. Thank you very much, Mr. Mayor.
Now we'll here from Brigadier General Reddel.
STATEMENT OF BRIGADIER GENERAL CARL W. REDDEL, USAF, RETIRED,
AND EXECUTIVE DIRECTOR, DWIGHT D. EISENHOWER MEMORIAL
COMMISSION
General Reddel. Mr. Chairman, Senator Thomas, Senator
Landrieu, I'm the executive director of the Eisenhower Memorial
Commission.
As you've learned from the testimony individually submitted
by our chairman, Rocco Siciliano and our vice chairman, Senator
Inouye, the memorialization of President Eisenhower has
progressed rapidly during the past year-and-a-half and this
proposed legislation would be very helpful to keep it moving
forward.
We have a fully-approved site for the memorial just off the
National Mall across the street from the National Air and Space
Museum at the intersection of Maryland and Independence
Avenues.
It's the Commission's view that now that it knows where the
memorial will be, it's time to decide what the memorial will
be. We are entering the design phase of President Eisenhower's
memorialization.
The Commission was created by Congress in 1999, and fully
appointed in 2001. The Commission is completely bi-partisan,
made up of four Senators, four Representatives and four private
citizens; one of our Commissioners, Susan Banes Harris, is with
us today.
Three of our Commissioners are World War II veterans--
Senator Inouye, Senator Ted Stevens, Rocco Siciliano--and they
give us a direct generational link to Ike.
During the 46 years since he left office in 1961, the
appreciation of Ike's legacy has grown steadily, especially
during the past quarter century. At the beginning of the 21st
century, 132 preeminent professors of history, law and
political science, rated him ninth among all Presidents and
grouped him with the near-great Presidents, after the great
Presidents, Washington, Lincoln, and FDR.
The Eisenhower Memorial will be the seventh national
memorial in the Nation's Capital. The preeminent location of
the memorial is consistent with Eisenhower's legacy as a
historical figure of major importance in the 20th century. The
approved site is surrounded by institutions related to his
leadership, the Federal Aviation Administration, the Department
of Education, the Department of Health and Human Services, the
Voice of America and the National Air and Space Museum.
The Commission's challenge is to bring this superb location
together with his extraordinary legacy. The Commission's staff
organization and administrative authority need to be adjusted
now to the design and construction of the memorial.
Our organization is made up of the small number of
contracted specialists and part-time hires, and this does not
meet the design and construction needs. The proposed
legislation will enable the Commission to hire temporary
Federal employees instead of contract consultants, simplifying
staffing, administration, and covering the liability of these
employees.
It will also enable our executive architect to adequately
represent the Commission. We've prepared this proposal in close
coordination with legal counsel from the agency liaison
division of GSA, and GSA concurs that this provides the
standard authority that is typically granted to temporary
commissions such as ours.
As we shift from a project planning mode to a design and
construction mode, personal and professional liability become a
major issue. As the designs are developed and prepared for the
memorial, our commissioners and staff become vulnerable to
potential lawsuits arriving from a memorial's design and
construction.
The current contracted staff is not covered by liability
insurance. If the Commission is allowed to hire Federal
employees, the need for the employees to procure additional
insurance coverage simply ceases. Providing this coverage to
the Commission's staff by converting them to Federal employees
incurs no direct increased cost and is the most cost-effective
resolution.
We seek to hire employees whose classification is
categorized as administratively determined. This means that
these employees may be terminated when their services are no
longer required by the Government and without the Government
having any ongoing obligation to those employees.
With this type of hiring authority, the Commission's
dissolution upon completion of the memorial will be ceased. It
will be ceased. Simply put, we wish to put ourselves out of
business as quickly as possible.
Explicit safeguards are written into the legislation to
ensure salaries for the Commission's employees are kept within
comparable general scale pay schedules.
A major construction project demands professional services
of experience and skilled engineers and architects. The
proposed legislation enables the Commission to delegate
authority to the executive architect to oversee the management
of technical issues on a daily basis in the Commission's
behalf. The Commission would retain full site responsibility
and final approval of all matters.
That concludes my testimony. I'd be happy to answer any
questions that you have associated with that testimony.
[The prepared statement of General Reddel follows:]
Prepared Statement of Brigadier General Carl W. Reddel, USAF, Retired,
and Executive Director, Dwight D. Eisenhower Memorial Commission
Mr. Chairman and Members of the Subcommittee, thank you for the
opportunity to appear before you today as the Executive Director of the
Dwight D. Eisenhower Memorial Commission. As you have learned from the
testimony individually submitted by our Chairman, Mr. Rocco C.
Siciliano, and our Vice Chairman, Senator Daniel K. Inouye, the
memorialization of President Eisenhower has continued to progress very
rapidly during the past year and a half. The proposed legislation (S.
890) is a vitally necessary contribution to the Commission's ability to
continue moving forward.
This is a moment of heightened anticipation for everyone who
understands the, legacy of President Eisenhower. We now know where the
National Eisenhower Memorial will be: on a fully approved site just
across the street from the National Air and Space Museum at the
intersection of Maryland and Independence Avenues, SW. It is now time
to decide what the memorial will be. As we enter the design phase of
President Eisenhower's memorialization, the legislation you have before
you will prove vital to achieving that goal.
Created by Congress in 1999 and fully appointed in 2001, the
Commission is completely bipartisan and consists of four Senators, four
Representatives, and four private citizens. It is notable that three of
our Commissioners are decorated World War II veterans--Senator Daniel
K. Inouye, Senator Ted Stevens and Rocco C. Siciliano. They provide a
direct generational link to Ike. The law states that `` . . . an
appropriate permanent memorial to Dwight D. Eisenhower should be
created to perpetuate his memory and his contributions to the United
States,'' and further directs that ``the Commission shall consider and
formulate plans for such a permanent memorial to Dwight D. Eisenhower,
including its nature, construction and location'' (Public Law 106-79).
The appreciation and understanding of President Eisenhower's legacy
has grown steadily during the 46 years since he left office in 1961,
especially during the past quarter century. At the beginning of the
21st century, 132 prominent professors of history, law and political
science rated him 9th among all presidents and grouped him with the
``near great'' presidents, after the ``great'' presidents--Washington,
Lincoln and FDR. In January 2007, it was revealed that former President
Ford considered Eisenhower ``the best president of his lifetime.''
Honoring his legacy with a permanent national memorial is a just and
fitting tribute to a man whose impact is felt by every living American.
The National Eisenhower Memorial will be the seventh national
presidential memorial in the nation's capital.
The preeminent location of the memorial is consistent with
President Eisenhower's legacy as a historical figure of major national
and international significance in the 20th century. The approved site
is surrounded by institutions related to his presidential leadership,
including the Federal Aviation Administration, the Department of
Education, the Department of Health and Human Services and the National
Air & Space Museum. Bringing the location and the legacy appropriately
together is the challenge now before the Commission.
The Commission's staff organization and administrative authority
need to be adjusted in order to address the design and construction
needs of the memorial. The existing organization, made up of a small
number of contracted specialists and part-time hires, does not meet our
future needs. The proposed legislation will enable the commission to
hire temporary federal employees instead of contract consultants,
simplifying staffing administration and covering the liability of its
employees. This legislative proposal was developed in close
coordination with Legal Counsel from the Agency Liaison Division of the
General Services Administration. While addressing the specific needs of
the Eisenhower Memorial Commission, the proposed legislation provides
the powers historically granted temporary commissions.
As we shift from a project planning mode to design and
construction, personal and professional liability becomes a major
issue. The previous work of the Commission in the areas of site
selection and site approval meant that liability was not a major issue.
Today it is. As designs are developed and approved for the memorial,
however, all of our commissioners and staff become vulnerable to
potential lawsuits arising from the design and construction of the
memorial. Our current contracted staff is not covered by liability
insurance. Prudence dictates they acquire such insurance as we
transition to construction-related activities.
The cost for this insurance is significant, as is the period of
time that coverage must be maintained. To adequately protect
themselves, our staff members would be required to keep these policies
in effect for a period of ten years after the memorial is completed.
The costs of these policies would be passed on to the government in the
form of increased fees for their services charged by all the consulting
contractors retained by the Eisenhower Memorial Commission.
By hiring temporary federal employees, the need for the employees
to procure additional insurance coverage simply ceases. As with all
other federal employees, the Commission's employees would also be
protected under the Federal Tort Claims Act. Because the cost of this
legal counsel is already borne by the federal government, it is a
``sunk cost.'' Providing this coverage to the Commission's staff by
converting them to temporary federal employees would incur no direct
increased cost and would in fact be the most cost effective way to
resolve this issue.
We seek to hire employees under the provisions of Schedule A.
Schedule A federal employees may be terminated when their services are
no longer required by the government. This occurs without the
government incurring any ongoing obligation to those employees. With
Schedule A hiring authority, the Commission's dissolution upon
completion of the memorial will be eased.
Explicit safeguards are written into the legislation to ensure
salaries for the Eisenhower Memorial Commission's Schedule A employees
are kept within comparable General Schedule pay scales. By hiring
Schedule A employees we enhance staff stability and continuity. More
importantly, we eliminate the time-consuming and costly process of
annual contract submission, renewal, and approval for the majority of
the staff. The Commission also retains the ability to continue to
contract for specialized services where it is cost-effective.
A major construction project demands the professional services of
experienced and skilled engineers and architects--especially a
prominent project located in the Nation's Capital. The proposed
legislation enables the Commission to delegate authority to the
Executive Architect to oversee the management of technical issues on a
daily basis in the Commission's behalf. The commission retains full
oversight responsibility and final approval of all matters.
It is anticipated that the completion of the National Eisenhower
Memorial will dramatically improve the nondescript area now serving as
a forecourt to the Department of Education. It will provide major civic
space near the most visited museums in the United States. Its proximity
to the Nation's Capitol and its striking vista of the Capitol itself
will enhance the presentation of our nation to many of its citizens and
numerous foreign visitors alike. Honoring this great American honors
all of us. The proposed legislation enables us to work most effectively
toward that goal.
I thank you for the opportunity to testify in behalf of the
proposed legislation to support the memorialization of the President
Dwight D. Eisenhower, Supreme Allied Commander of the Allied Forces in
World War II and subsequently the 34th President of the United States.
Senator Akaka. Thank you very much, General Reddel.
Kim Burdick.
STATEMENT OF KIM BURDICK, NATIONAL CHAIRMAN, NATIONAL
WASHINGTON-ROCHAMBEAU REVOLUTIONARY WAR ROUTE ASSOCIATION,
ROCKLAND, DE
Ms. Burdick. Thank you, Senator Akaka. I bring you
greetings from volunteers in nine States and the District of
Columbia, and many of them are here. Please stand so they can
see everybody from W3R and also to our friends from Dobbs
Ferry.
Senator Akaka. Thank you for being here.
Ms. Burdick. Dobbs Ferry proves my point, which is that
everybody wants to be part of the action. We love the
Washington-Rochambeau Revolutionary Route and their very
carefully prepared testimony and history is a great testament
to the power and magic of this route.
We are strongly in favor of S. 686 and H.R. 1286 ensuring
the creation of the Washington-Rochambeau National Historic
Trail. It's a many-faceted jewel. It's patriotic. It's
educational. It's an economic development tool and it's a
heritage tourism dream.
The W3R is a positive and healthy environmental
conservation and heritage stewardship project. This historic
trail follows old roads and old towns and cities and it can
easily partner with greenways and blueways.
The W3R basically needs no extra land. It has local, county
and State government assistance and international support. It
extends an olive branch to France, and it pleases old history
teachers, like myself. It is a wonderful project and it is a
legacy we wholeheartedly ask you to embrace.
The Washington-Rochambeau National Historic Trail traces a
685-mile route that thousands of allied American and French
Revolutionary War soldiers and their baggage train followed to
defeat the British at the Battle of Yorktown.
Beginning in Newport, Rhode Island, these Allied troops
followed the King's highway and unpaved rural roads south
through nine States, through Connecticut, New York, including
Dobbs Ferry, New Jersey, Pennsylvania, Delaware, Maryland, and
the then-not-yet-created, District of Columbia into Virginia.
The soldiers relied on the kindness, the patriotic fervor
and sometimes the avarice of American citizens it encountered
along the way. Their success at the Battle of Yorktown
resulting in the British surrender of General Cornwallis on
October 19, 1781, marked the unofficial end of the American
Revolution.
After the Battle of Yorktown these intrepid souls walked
back home, ending their trek in Boston on Christmas Eve 1782,
when the remaining French soldiers sailed home.
W3R USA members know the National Park Service with its
expertise, its technical services and its professional strength
and organizational ability is needed to help make this National
Historic Trail an enduring source of national pride.
We know, and the employees of the National Park Service
know, that people are fascinated by this national historic
trail and that Americans love walking in the footsteps of
history.
We know because we created it. We have people here who
actually walked all the distance, 685 miles last year, stopping
at Congress, and also at Walter Reed Hospital to visit the
soldiers.
We know because we have done special 225th anniversary
projects in every State, and I have with me Marilyn
Whittington, the Executive Director of the Delaware Humanities
Forum, who can tell you how very well we leverage money, tiny
bits of money, to create magnificent programs to bring a line
on a map alive.
W3R volunteers in each State work together using their own
resources, their own grocery money, to put on these programs,
these public events. In Delaware, we've had a ``Hike the Pike''
Day where an 80-year-old man walked the 10 miles of the first
leg of our stretch of the route in 140 minutes and lived to
tell the tale.
This creation of this national historic trail is a good
tangible way to show the citizens that government officials are
indeed proud to be Americans and proud of American history.
In the process of planning and preparing 225th Yorktown
Campaign Anniversary Celebrations in all nine States and DC,
our volunteers learned that grass roots citizens of both
parties were disturbed that the leaders seemed to blow off
America's 225th Anniversary.
We learned that most Americans are interested in real
stories about American history--ordinary citizens, gas station
attendants, grocery clerks, school teachers, insurance
salesmen, artists, writers, State and county policemen and
national guardsmen took matters into their own hands. They
joined together to help W3R USA mark America's 225th
Anniversary.
Your constituents made the W3R come alive--local, county
and city governments in the nine W3R States and DC, and
France--contributed time, money and volunteers to this effort.
Some of the projects are very sophisticated; others were
simple acts of love. There was no real money for this; we just
did it.
Historic house museums and private homes opened their doors
for lectures and tours. Special Rochambeau dinners and colonial
balls were held. Jack Jouette's ride across Virginia was
recreated and Rhode Island and the President of the Naval War
College gave a heartwarming 225th Anniversary speech in French
and David McCullough spoke from the heart of the important role
of the French soldiers and the French citizens of the 13
colonies played in fighting for our independence.
I personally have been very touched and humbled by the
interest and enthusiasm, the passion that people in these small
villages and towns along this nine-State route have for this
project.
I am delighted to have had this opportunity to address you,
and I most sincerely ask you to join in this constituent-
pleasing endeavor. This is a National Historic Trail like no
other. It comes to you with its own fan club. Thank you very
much.
[The prepared statement of Ms. Burdick follows:]
Prepared Statement of Kim Burdick, National Chairman, National
Washington-Rochambeau Revolutionary War Route Association, Rockland, DE
The National Washington-Rochambeau Revolutionary Route Association
(W3R-USA) strongly supports SB 686 and HR 1286, ensuring the creation
of the WashingtonRochambeau National Historic Trail. The W3R is a many-
faceted jewel. It is patriotic. It is educational. It is an economic
development tool. It is a heritage tourism dream.
The W3R is a positive and healthy environmental conservation and
heritage stewardship project. This historic trail follows old roads in
old towns and cities and can easily partner with greenways and
blueways. The W3R needs no extra land. It has local, county and state
government assistance and international support. It extends an olive
branch to France and pleases old history teachers like me! It is a
wonderful project and it is a legacy that we ask you to whole-heartedly
embrace.
The Washington-Rochambeau National Historic Trail (W3R) traces the
685 mile route that thousands of allied American and French
Revolutionary War soldiers and their baggage train followed to defeat
the British at the Battle of Yorktown. (See pages 4, 5, 6.)*
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* Graphics in this document have been retained in Committee files.
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Beginning in Newport Rhode Island, these allied troops followed the
Kings Highway and unpaved rural roads south through nine states,
through Connecticut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, and the then not-yet-created District of Columbia, into
Virginia, relying on the kindness, the patriotic fervor and sometimes
the avarice of the American citizens they encountered along the way.
Their success at the Battle of Yorktown, resulting in the surrender of
British General Cornwallis on October 19, 1781, marked the unofficial
end of the American Revolution.
After the Battle of Yorktown, these intrepid souls walked back
home, ending their trek in Boston on Christmas Eve 1782 when the
remaining French soldiers sailed home.
W3R-USA members know that the National Park Service, with its
expertise, its technical services, and its professional strength and
organizational ability, is needed to help make this national historic
trail an enduring source of national pride.
We know, and the employees of the National Park Service know, that
people are fascinated by this National Historic Trail, and that
Americans love walking in the footsteps of history. The board members
and volunteers of the W3R-USA know from first-hand experience that
creating this National Historic Trail is both a feasible and a
reasonable project.
We know, because we have worked on W3R projects in all nine states
and DC, that this is a great project--a real constituent pleaser--and
we ask you, most sincerely ask you, the members of United States
Senate, our Congress, to authorize this National Historic Trail. We ask
you to help us give this 225th anniversary legacy from the past, and
the present, to the future--to your children and grandchildren; our
children and grandchildren, to the seventh-generation to come.
Our organization, W3R-USA, is a non-profit 501 c-3, created
specifically to celebrate and communicate the importance of the march
of the allied American and French soldiers of the Yorktown Campaign.
Since before 9/11, W3R members have worked on special projects,
seminars, symposiums, re-enactments, wreath-layings, 18th century
concerts and dances, all geared to making this historic trail come to
life. We spend our grocery money, our very middle-class paychecks, and
all our spare time, breathing life into this magical story. Some of us
have already walked the route.
In 2004, Lee Patrick Anderson, historian at Fort Mifflin,
Pennsylvania walked the W3R from Newport, Rhode Island to his home in
Mullica Hill, New Jersey. In 2005 W3R-DE sponsored a ``Hike the Pike''
Day with people walking the first leg of Delaware's W3R Revolutionary
Route. Sig Helstrom, an 80-year-old man from Graylyn Crest, Delaware,
walked the ``Hike the Pike'' 's ten mile route in 140 minutes. In 2006,
Mike Fitzgerald, Dave Holloway and David Fagerberg walked all 685
miles, from Newport, Rhode Island to Yorktown, Virginia, arriving in
time for the 225th Anniversary of the Yorktown Campaign. Boy Scouts in
Rhode Island and other states, college students, and interested persons
along the Route joined the marchers from time to time, sometimes
marching the W3R across their home states, sometimes walking for many
days, then going back to work, only to rejoin the marchers in another
state.
W3R volunteers in each state welcomed the marchers as they crossed
over each state's borders, local residents hung breathlessly on their
words as they told about their adventures and misadventures; the towns
and cities held celebrations, parties and dinners celebrating both the
historic march and the contemporary marchers; and we are currently
hoping to raise enough money to produce a documentary film about their
journey.
The creation of this National Historic Trail is a good, tangible
way to show the citizens that Government officials are, indeed, proud
to be Americans and proud of American history. In the process of
planning and preparing 225th Yorktown Campaign anniversary celebrations
in all nine states and DC, we learned that the grass-roots citizens of
both parties have been very disturbed that our leaders seemed to blow
off America's 225th anniversary. We learned that most Americans are
interested in the real stories about American history. Ordinary
citizens, gas-station attendants, grocery clerks, school teachers,
insurance salesmen, artists, writers, state and county policemen and
national guardsmen took matters into their own hands. They joined
together to help W3R-USA mark America's 225th anniversary. The
constituents made the W3R come alive. Local, city, county, and state
governments in the nine W3R states, DC, and France contributed time,
money and volunteers to this effort. Some of the projects were very
sophisticated; others were simple acts of love.
Historic house museums and private homes opened their doors for
lectures and tours. Special Rochambeau dinners and colonial balls were
held. Jack Jouette's ride across Virginia was recreated. W3R volunteers
began to wear matching scarves and neckties to show solidarity. French
Ambassador Levitte and Consul General Alex-Lyoudi were honored guests
in every one of these states, and faithfully attended wreath-layings,
commemorative events, wayside marker dedications, and wine and cheese
parties. The President of Rhode Island's Naval War College gave a
heart-warming 225th Anniversary speech in French, and David McCullough
spoke from the heart of the important role that the French soldiers-and
the French citizens of the thirteen colonies played in fighting for our
independence.
A poor black lady in Wilmington humbly offered the marchers money
for a cup of coffee, another who saw them marching through her
neighborhood offered to make them a pancake breakfast. An Italian-
American woman spent all day making them homemade soup because she knew
they were cold, wet and hungry. A first-generation American from
Scotland wrote a marching tune for America's 225th anniversary.
An artist from Scotland, Connecticut is painting 100 wall-sized
canvases that illustrate the story of the allied French and American
troops, illustrating the scenes along the 685 mile route with love and
good cheer. Black Patriots from across the nation attended a Delaware
Humanities Forum conference in north Wilmington, to discuss the roles
their own ancestors had played in the American Revolution; a Rochambeau
re-enactor living in the State of Washington criss-crossed the country
repeatedly to participate in activities all along this 685 mile route.
I, personally, have been very touched and humbled by the interest
and enthusiasm, the fun and the frustration, of working on the
Washington-Rochambeau Revolutionary Route. It has been a beautiful and
a heart-warming experience for me, a history teacher, and a mother; a
descendant of Revolutionary War soldiers, and, a person of French
descent, to see this project come together.
I am delighted to have had this opportunity to address you, and I
most sincerely ask you to join us in this constituent-pleasing
endeavor. This is a National Historic Trail like no other. It comes to
you with its own fan club!
Thank you all very much for all you do, every day, for the citizens
of the United States of America.
Senator Akaka. Thank you very much, Kim.
Linda Borkow.
STATEMENT OF LINDA BORKOW, DOBBS FERRY HISTORICAL SOCIETY,
DOBBS FERRY, NY
Ms. Borkow. Thank you. Does everybody have a packet that
should have been distributed, which I'm going to refer to as I
speak, this packet, with a colored map on the front?
Senator Akaka. That will be included in the record, Linda
Borkow.
Ms. Borkow. Thank you, Mr. Chairman and members of the
committee.
My purpose today is to ensure that Dobbs Ferry, New York
receives appropriate historical recognition on the map which
accompanies the Washington-Rochambeau National Historic Trail
legislation and that it also receives appropriate recognition
in the National Park Service study which is related to this
legislation.
The 1781 encampment of the American and French armies in
Dobbs Ferry and neighboring localities has great historical
significance. The strategy which led to victory at Yorktown was
adopted at the encampment in mid-August 1781 and the first
steps of Washington's march from New York to Virginia were
taken on Dobbs Ferry's main roads and principle intersection,
Ashford Avenue and Broadway, when the Continental Army broke
camp on August 19, 1781.
Please examine the first page of your packet.* Here we have
a primary resource, the map of the encampment, prepared by
General Rochambeau's cartographer. At the top of the map, we
see that Dobbs Ferry is named. As the legend indicates the map
shows the locations of the American army, the French army,
George Washington's headquarters and General Rochambeau's
headquarters. No. 7, very close to the Hudson River shows the
location of Sheldon's Dragoons, the first cavalry unit of the
United States.
---------------------------------------------------------------------------
* Graphics in this document have been retained in Committee files.
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Dobbs Ferry's importance as the starting point of
Washington's march to Virginia is highlighted on the next map,
page two, prepared at West Point.
Dobbs Ferry is also highlighted as the point of origin of
Washington's march to Virginia on the map on page three which
was prepared by the National Park Service apparently for some
different project and which does not accompany the legislation
under discussion today.
When we look at the map that does accompany the
legislation, on page four, we note 18 localities which are
named along the Washington-Rochambeau route, but Dobbs Ferry is
not one of them. This is a serious omission and we urge that it
be corrected.
We respectfully ask this question. Apart from Yorktown
itself, what site along the route of Washington's march to
Virginia is more significant than its starting point?
Historian Benson Bobrick underscores the importance of
Washington's march from New York to Virginia when he describes
it as the largest and perhaps boldest movement of the war. Its
success required the utmost secrecy and the precise timing and
coordination of multiple naval and land movements. It is this
march from New York to Virginia which gives the entire
Washington-Rochambeau route its great historical importance.
Let's turn now to additional primary sources. Excerpts from
Washington's correspondence at the time of the 1781 encampment
can be found in the next three pages of your packet. In July
and August of that year, Washington wrote approximately 100
letters with the place names, Head Quarters Dobbs Ferry, Head
Quarters Dobbs's Ferry, Head Quarters near Dobbs Ferry or Camp
near Dobbs Ferry appearing at the top of each letter.
From this abundance of documentation, we can see that Dobbs
Ferry, or Dobbs's Ferry, was Washington's preferred designation
for the location of the 1781 encampment of the Allied American
and French armies.
We do not know why the Washington-Rochambeau National
Historic Trails Study and the map accompanying this legislation
omit Dobbs Ferry.
We submitted a lengthy written response to the National
Park Service on December 2, 2006, during the public comment
period. Our response is included in your packet. In that
response, we explained our concerns about the omission of Dobbs
Ferry and provided a great deal of supporting historical
documentation.
While we would welcome any feedback including any
disagreement or challenge that is based on historical evidence,
no one to date has challenged the historical accuracy of our
lengthy written response.
So, we are very hopeful that the National Park Service will
recognize that Dobbs Ferry is not just one more location along
the Washington-Rochambeau route, but that it is, instead, a key
site of special historical significance.
We are here to support the National Historic Trail
legislation but at the same time, we urge that the study and
the map be corrected.
If the role of Dobbs Ferry is not clarified in the study
and on the map, our mission to educate the public and to raise
the level of public awareness of the great events which
transpired in our communities during the Revolutionary War will
be undermined.
There has been a major effort in Dobbs Ferry over the past
year to inform the public about these great events in our
history. Persons working toward this goal include Dr. Mary
Donovan, president of the Historical Society, Joseph Bova,
mayor of Dobbs Ferry and many others. In order to succeed, we
need your support.
[The prepared statement of Ms. Borkow follows:]
Prepared Statement of Linda Borkow, Dobbs Ferry Historical Society,
Dobbs Ferry, NY
My name is Linda Borkow, and I have come on behalf of the Dobbs
Ferry Historical Society.
My purpose today is to ensure that Dobbs Ferry, New York, receives
appropriate historical recognition on the map which accompanies the
Washington Rochambeau National Historic Trail legislation and that it
also receives appropriate recognition in the National Park Service
Study which is related to this legislation.
The 1781 encampment of the American and French armies, in Dobbs
Ferry and neighboring localities, has great historical significance.
The strategy which led to victory at Yorktown, was adopted at the
encampment in mid-August, 1781. And the first steps of Washington's
march from New York to Virginia were taken on Dobbs Ferry's main roads
and principal intersection, Ashford Avenue and Broadway, when the
Continental army broke camp on Aug. 19, 1781.
Please examine the first page of your packet. Here we have a
primary resource, the map of the encampment prepared by General
Rochambeau's cartographer.
At the top of the map, we see that Dobbs Ferry is named.
As the legend indicates, the map shows the locations of the
American army, the French army, General Washington's headquarters, and
General Rochambeau's headquarters.
Number 7, very close to the Hudson River, shows the location of
Sheldon's Dragoons, the first cavalry unit of the United States.
Dobbs Ferry's importance as the starting point of Washington's
march to Virginia is highlighted on the next map (page 2), prepared at
the United States Military Academy. Dobbs Ferry is also highlighted as
the point-of-origin of Washington's march to Virginia on the map on
page 3, which was prepared by the National Park Service, apparently for
a different project, and which does not accompany the legislation under
discussion today.
When we look at the map which does accompany the legislation (page
4), we note 18 localities which are named along the Washington-
Rochambeau Route, but Dobbs Ferry is not one of them. This is a serious
omission, and we urge that it be corrected.
We respectfully ask this question: Apart from Yorktown itself, what
site along the route of Washington's march to Virginia is more
significant than its starting point?
Historian Benson Bobrick underscores the importance of Washington's
March from New York to Virginia when he describes it as ``the largest
and perhaps boldest movement of the war.''
Its success required the utmost secrecy and the precise timing and
coordination of multiple naval and land movements. It is this march,
from New York to Virginia, that gives the entire Washington-Rochambeau
Route its great historical importance.
Let's turn now to additional primary sources. Excerpts from
Washington's correspondence at the time of the 1781 encampment can be
found on the next pages of your packet. In July and August of that year
Washington wrote approximately a hundred letters with the place-names,
``Head Quarters Dobbs Ferry,'' ``Head Quarters Dobbs's Ferry,'' ``Head
Quarters near Dobbs Ferry,'' or ``Camp near Dobbs Ferry'' appearing at
the top of each letter.
From this abundance of documentation we can see that ``Dobbs
Ferry'' or ``Dobbs's Ferry'' was Washington's preferred designation for
the location of the 1781 encampment of the allied American and French
armies.
We do not know why the Washington-Rochambeau National Historic
Trail Study and the map accompanying this legislation omit Dobbs Ferry.
We submitted a lengthy written response to the National Park Service on
December 2, 2006, during the public comment period. Our response is
included in your packet. In that response we explained our concerns
about the omission of Dobbs Ferry and provided a great deal of
supporting historical documentation.
While we would welcome any feedback--including any disagreement, or
challenge that is based on historical evidence--no one, to date, has
challenged the historical accuracy of our lengthy written response.
So we are very hopeful that the National Park Service will
recognize that Dobbs Ferry is not just one more location along the
Washington-Rochambeau Route but that it is, instead, a key site, of
special historical significance.
We are here to support the National Historic Trail legislation. But
at the same time, we urge that the Study and the map be corrected.
If the role of Dobbs Ferry is not clarified in the Study and on the
map, our mission, to educate the public, and to raise the level of
public awareness of the great events which transpired in our
communities during the Revolutionary War, will be undermined.
There has been a major effort in Dobbs Ferry over the past year to
inform the public about these great events in our history. Persons
working towards this goal include Dr. Mary Donovan, President of the
Historical Society, Joseph Bova, Mayor of Dobbs Ferry, the trustees of
the Historical Society and the trustees of the Village of Dobbs Ferry.
In order to succeed, we need your support.
Senator Akaka. Thank you very much, Linda.
And now Gary Werner.
STATEMENT OF GARY WERNER, EXECUTIVE DIRECTOR, PARTNERSHIP FOR
THE NATIONAL TRAIL SYSTEM, MADISON, WI
Mr. Werner. Thank you, Mr. Chairman and Senator Thomas for
the opportunity to speak to you this afternoon.
I'm here representing the Partnership for the National
Trail System, which is a non-profit federation of 29
organizations with approximately 70,000 members throughout the
country. All of these organizations work either directly or
indirectly with the National Park Service, the U.S. Forest
Service and the Bureau of Land Management to help sustain
America's 25 National Scenic and Historic Trails, and I'm here
to testify and urge support for S. 169 and S. 580.
I should say in regard to S. 169, Senator Thomas, I want to
thank you, especially for your public spirited work in the
108th Congress to find the right balance between providing the
authority to help provide the rights-of-way needed for these
trails while at the same time protecting other land uses that
are going on adjacent to the trails.
I know that this could have been an impasse, and you found
a way to make something happen for the public good and the
private interest and I really thank you for doing that.
As has been mentioned already, the S. 169 would provide
consistency throughout the National Trail System. Of the 25
trails, 16 of them have land acquisition authority for the
Federal agencies. These nine trails do not.
I'd like to note that since these trails were authorized,
ten additional trails have been authorized. All of those trails
have the authority, the willing seller authority, that this
bill would provide for these nine trails.
The most recent trails to receive that authority are the
Old Spanish Trail in 2002 and the Captain John Smith Chesapeake
National Historic Trail in 2006. So Congress has repeatedly
provided this authority.
There is a need for it. Of the four National Scenic Trails
involved, only about 5,600 out of 9,300 authorized miles of
trail are actually open for public use. The rest is on private
land and some kind of rights-of-way will need to be secured.
Of the historic trails, only 26 percent of the high
potential sites are protected in some kind of way for public.
There are willing sellers out there.
On the Ice Age Trail in Wisconsin, the Wisconsin Department
of Resources has worked with over 50 people in the last 6 or 7
years to acquire rights-of-way for the trail.
Regarding S. 580 that--like S. 169--is a bill that you
have, as you noted Mr. Chairman, passed several times out of
the Senate and sent over to the House, it's a bill which would
provide for a feasibility study for the Oregon-California Pony
Express and Mormon Pioneer Trails to update the knowledge that
we have of many of the additional routes, cutoffs, and feeder
trails that led to these important routes in the American West.
A lot of the work has already been done by members of the
Oregon-California Trail Association and others to do the
studies. The members of OCTA and other organizations work very
closely and cooperatively with land owners.
They've also worked cooperatively with the oil and gas
industry in Wyoming, in particular, and have reviewed over
1,000 oil and gas permits over the last 6 years and offered
comments to the Bureau of Land Management.
They have recommended litigation in a few instances, but
they have not objected to any of those oil and gas leases and
indeed, Anadarko and several of the other major oil and gas
producing companies working in Wyoming, have received awards
from the Oregon-California Trail Association. I know, Senator
Thomas, you're going to be participating in an event at the end
of May, in which Anadarko has donated an easement for a
significant gap in the Continental Divide National Scenic Trial
around Rawlins.
If you remember the situation in 2003, when we had a
hearing on this bill, the amount of work that you have done and
that we have done and others have done over the intervening
years, the attitude, if you will, about the impact of this
particular bill on private land and things like that, has
changed substantially. We look forward to continuing to work
with you and other members of the committee to complete these
trails so they can be available for everyone to enjoy to their
fullest. Thank you.
[The prepared statement of Mr. Werner follows:]
Prepared Statement of Gary Werner, Executive Director, Partnership for
the National Trails System, Madison, WI
s. 169--willing seller authority for national trails
Mr. Chairman and members of the Subcommittee on National Parks, the
Partnership for the National Trails System strongly supports S. 169,
the ``National Trails System Willing Seller Act,'' introduced by
Senators Allard and Levin. S. 169 is identical to legislation passed by
the Senate by unanimous consent during the 108th Congress.
S. 169 provides authority to Federal agencies to purchase land and
interests in land from willing sellers for all nine trails for which
Federal agencies currently are prohibited from buying land: the Oregon,
Mormon Pioneer, Lewis and Clark, Iditarod and Nez Perce National
Historic Trails and the Continental Divide, Ice Age, North Country and
Potomac Heritage National Scenic Trails authorized by Congress 20 or
more years ago. The Partnership urges you to promptly recommend S. 169
for passage by the Senate.
The Partnership for the National Trails System is a nonprofit
federation of 29 citizen organizations with 70,000 members that
directly support and help manage national scenic and historic trails in
partnership with the National Park Service, USDA Forest Service, and
the Bureau of Land Management.
S. 169 is an important remedial bill that corrects a gross
disparity and inconsistency in the National Trails System Act. While
Congress created the Act in 1968 to foster and sustain a nationwide
system of trails with a full array of authority necessary for Federal
agencies to administer them, nine scenic or historic trails have been
authorized without any Federal land acquisition authority. Federal
administering agencies lack the fundamental and often essential means
for protecting the integrity of the resources and the continuity of the
footpaths for more than one-third of the National Trails System, while
Congress has provided those agencies with such willing seller or
greater land acquisition authority for the rest of the System,
including the Old Spanish National Historic Trail authorized in 2002
and the Captain John Smith Chesapeake National Historic Trail
authorized in 2006.
This inconsistency of land acquisition authority severely hampers
appropriate administration of more than one-third of the National
Trails System. Perhaps the most striking example of this inconsistency
and disparity is the four national historic trails administered by the
National Park Service in Salt Lake City, Utah. Currently the Park
Service has authority to buy land from willing sellers along the
California and Pony Express National Historic Trails, but is prohibited
from doing so along the Oregon and Mormon Pioneer National Historic
Trails.
This inconsistency seems highly ironic since the four trails share
the same route across most of Nebraska, Wyoming and Utah. If a
landowner offers to sell land to the Federal government containing
historic traces of these four trails it is unclear what authority the
Park Service has to act upon. With authority to buy land for two of the
trails but not for the other two, would the conflicting authorities
cancel each other or would the land be able to be purchased for the two
trails and the other two left unrecognized on the site? Perhaps this is
an odd situation, but it illustrates a peculiar and frustrating
inconsistency in the Trails Act with important consequences for the
day-to-day management and protection of these trails.
To restore consistency and parity to the National Trails System Act
it is critical that willing seller land acquisition authority be
provided for all nine trails for which Federal agencies currently are
prohibited from buying land.
S. 169 does just that. This bill provides willing seller land
acquisition authority for the Oregon, Mormon Pioneer, Lewis and Clark,
Iditarod and Nez Perce National Historic Trails and the Continental
Divide, Ice Age, North Country and Potomac Heritage National Scenic
Trails.
There is real need for Federal agencies to be able to help protect
the resources and continuity of these trails by acquiring land from
willing sellers. Of the three trails in the eastern half of the country
affected by S. 169, the Ice Age, North Country and Potomac Heritage
Trails, which lie primarily across private land, slightly more than
one-third, about 2,522 miles, of their projected 6,115 mile length is
permanently protected for public use. The other national scenic trail
without Federal land acquisition authority, the Continental Divide
Trail, mostly crosses public land and is nearly complete. Only about
113 miles of right-of-way for the Continental Divide Trail remain to be
acquired. In total these four national scenic trails are projected to
be more than 9,300 miles long when completed, yet 25 years after their
authorization only about 5,600 miles, slightly more than half their
length, are permanently protected for public benefit. Without the
ability for Federal agencies to purchase permanent rights-of-way from
willing sellers it is unlikely that these trails will ever be the
continuous pathways intended by Congress.
The degree of protection of the five national historic trails
without Federal land acquisition authority is comparable to the
condition of the four national scenic trails. Only 194 of the 730
significant sites and segments documented to date along the Oregon,
Mormon Pioneer, Lewis and Clark, Nez Perce and Iditarod National
Historic Trails are permanently protected. This amounts to only 26% of
the recognized places along these trails that can provide visitors
first hand experience of where important events of our Nation's history
occurred. The attached table documents the degree of protection of the
resources and rights-of-way for each of the nine trails without Federal
land acquisition authority.
Without the ability for Federal agencies to acquire sites and
segments along these nine trails from willing sellers, irreplaceable
resources and experiences of our Nation's heritage will be lost
forever. An example of this loss occurred several years ago on the Ice
Age National Scenic Trail in Dane County, Wisconsin. Several properties
in the Towns of Middleton and Verona, totaling about two miles of trail
in a rapidly urbanizing area, were put up for sale over the past
several years. Their purchase for the Ice Age Trail would have
protected a nationally significant portion of the terminal moraine of
the most recent continental glaciation, providing a stunning
opportunity for the public to appreciate and enjoy the contrast of two
startlingly dissimilar landscapes. Lacking buyers able to purchase and
protect these properties they were subdivided for rural residential
development. Local government zoning authority was used to preserve a
narrow corridor for the Ice Age Trail to weave among the luxury homes.
The chance to permanently protect a critical link in the North
Country National Scenic Trail in New York was lost in a similar manner.
At the west end of Watkins Glen State Park, New York there is roughly a
half-mile of private woods, a thin strip along the creek that tumbles
into the Glen previously belonging to an adjacent farm. To the west of
the private strip is a long stretch of mostly state forest, protecting
a days' worth of walking on the North Country Trail. The Department of
Environmental Conservation (DEC) had been negotiating with the farmer
over that strip along the creek for years, and he was willing to sell,
but the DEC was waiting for funding. A willing seller who also seemed
willing to wait held the property, which would consolidate many miles
of North Country Trail and protect the border of a park potentially
beleaguered by development along its edges.
However, the state waited too long. When they finally had the money
to buy the land they found that he had sold out, unannounced, to a new
party who, while he has not thrown out the trail, is not interested in
selling to the state.
The willing seller land acquisition authority provided for the nine
trails included in S. 169 and subsequent appropriations from the Land &
Water Conservation Fund will enable the Federal agencies administering
them to respond to such conservation opportunities as they arise. Each
year willing sellers offer for sale many parcels along critical
segments of these trails.
The State of Wisconsin has been purchasing land from willing
sellers to protect segments of the Ice Age and North Country Trails for
the past ten years, matching Land & Water Conservation Fund money with
Wisconsin Stewardship Fund money. Four fee title acquisitions, from 40
acres to 339 acres in size, have been completed by the State to protect
segments of the North Country Trail over the past four years. The State
also has acquired two easements for the trail.
The State of Wisconsin and several counties have spent more than
$13 million in purchasing land for the Ice Age Trail over the past 15
years. More than 50 willing sellers have sold their parcels of land,
ranging in size from 5 acres to 1,200 acres, for the Ice Age Trail.
Negotiations are underway with more than three dozen additional willing
sellers. State and county land agents have mostly been responding to
landowners who have contacted them offering to sell their land. Dealing
with these offers from willing sellers has left little time to contact
others of the hundreds of landowners along the Ice Age Trail about
their interest in selling land.
S. 169 provides the authority for Federal administering agencies to
respond to these and similar opportunities provided by willing sellers
to acquire land for recreation and education that will be appreciated
for generations to come. Federal assistance will be a necessary
complement to all the efforts of private organizations and state and
local agencies to help protect the nine national scenic and historic
trails aided by S. 169.
Providing willing seller land acquisition authority for the six
national scenic and historic trails in the West without it will have
little potential impact on the amount of land owned by the Federal
government. More than 95% of the Continental Divide National Scenic
Trail is already on public land. Federal land acquisition for the
national historic trails is limited by Section 7(a)(2)(g) of the
National Trails System Act to the identified ``high potential sites and
segments''. ``For national historic trails, direct Federal acquisition
for trail purposes shall be limited to those areas indicated by the
study report or by the comprehensive plan as high potential route
segments or high potential historic sites.'' These ``high potential
sites and segments'' are very specific, documented locations along
these trails.
In Wyoming, for instance, which is crossed by four of these trails,
the sites that could be acquired by the Federal government if Congress
provides willing seller authority are limited to a few areas:
Continental Divide National Scenic Trail.--The route of this
trail in Wyoming is on public land through Yellowstone National
Park, several national forests, and Bureau of Land Management
land except for a stretch of 20 miles or so in the
``checkerboard area'' north and south of Interstate 80 near
Rawlins. This section of the Continental Divide Trail currently
follows highways, but can be moved ``off-road'' by acquiring a
right-of-way across the Sections of private land in the
checkerboard between the Sections of public land administered
by the Bureau of Land Management. The Continental Divide Trail
Alliance has recently received confirmation of the donation of
an 18 mile easement in the Great Divide Basin north and south
of Rawlins thanks to the generosity of Anadarko. A signing
ceremony with Senator Thomas and former Assistant Secretary of
Interior and current CDTA board chair Rebecca Watson will occur
on May 31 as an early celebration of National Trails Day.
Although this donation nearly closes this significant gap in
the CDT more right-of-way will need to be acquired to eliminate
the trail route on highways. Acquisition of a trail right-of-
way via an easement will add no acres to the fee title holdings
of the Federal government in Wyoming.
The ``Comprehensive Management and Use Plan for the Oregon,
California, Mormon Pioneer and Pony Express National Historic
Trails'' identifies 37 ``high potential sites'' along the
Oregon and Mormon Pioneer National Historic Trails in Wyoming.
Of these sites, 12 are on private land. Although a precise
survey of each site has not been made, National Park Service
staff estimate that purchase of either fee title or a
conservation easement to 1 to 10 or possibly 20 acres from
willing sellers would be sufficient to protect the critical
historic resources at each site. The other 25 ``high potential
sites'' are on public land or a combination of public and
private land.
Of the 6 ``high potential segments'' of the Oregon and Mormon
Pioneer National Historic Trails identified in Wyoming, one 15
mile long segment is on private land. The other 5 segments,
some 268 miles of the historic trails, cross a mixture of
public and private land.
Nez Perce National Historic Trail.--Approximately 99% of the
route of this trail in Wyoming is already on public land
through Yellowstone National Park, Shoshone National Forest and
State of Wyoming land. Of the 137 miles of the one ``high
potential segment'' in Wyoming, 135 miles are on public land
and 2 miles are on private land.
In summary, the main impact of willing seller land acquisition
authority for these trails on Federal and private land ownership in
Wyoming would be along the one section of the Continental Divide
National Scenic Trail, one 15 mile long ``high potential segment'' and
12 ``high potential sites'' along the Oregon and Mormon Pioneer
National Historic Trails and 2 miles of one ``high potential segment''
of the Nez Perce National Historic Trail.
The need and opportunity to use willing seller land acquisition
authority will arise at different times for the various trails. For
some, the authority may not be used for many years or only
infrequently. For others the need for this authority is more acute and
it is likely to be used as soon as Congress makes it available and to
be used often. Although the National Park Service has had authority to
buy land from willing sellers for more than a decade for the California
and Pony Express National Historic Trails, no land has been purchased
to protect sites along these trails. On the other hand, there is a very
urgent need for the National Park Service to join State and local
agencies and private land trusts in buying land to provide continuous
rights-of-way for the Ice Age and North Country National Scenic Trails.
The Partnership for the National Trails System is very grateful to
Senators Allard and Levin for introducing S. 169 to provide willing
seller authority for the nine national scenic and historic trails
lacking it. We ask that you recommend S. 169 for passage to the Senate,
so that progress can be made toward restoring parity and consistency
within the National Trails System.
s. 580--pioneer national historic trails studies act
The Partnership for the National Trails System strongly supports S.
580, to update the Feasibility Studies of the Oregon, California,
Mormon Pioneer, and Pony Express National Historic Trails, introduced
by Senator Hatch, and requests that you request the Senate Energy and
Natural Resources Committee to recommend adoption of S. 580 to the full
Senate. This bill authorizes the National Park Service to update the
Feasibility Studies for these four National Historic Trails by
examining additional routes and cutoffs of these trails for possible
inclusion in the National Trails System. The bill also authorizes the
Secretary of Interior, upon completion of those studies, to recommend
to Congress which of those routes and cutoffs qualifies under the
National Trails System Act for addition to the National Trails System.
Congress would then decide whether to add the recommended routes and
cut-offs to the National Trails System.
Considerable research, much of it done by volunteers of the Oregon-
California Trails Association, Mormon Trails Association and National
Pony Express Association, has documented important routes and cutoffs
used by the 19th Century travelers of these trails that were not
recognized in the original feasibility studies. Although those
feasibility studies and the authorization as national historic trails
by Congress based upon them recognized the main routes of the four
trails, many of the ``feeder trails'' at the eastern ends and
``dispersal routes'' at the western ends of them were not recognized.
To preserve to the fullest extent all the historic and cultural
resources associated with these important routes of development of the
United States and to present the richness of their stories as
completely as possible, it is essential and right that the National
Park Service should be authorized to evaluate all their routes and
cutoffs for possible inclusion in the National Trails System.
Several important ``main routes'' were not included in the original
feasibility studies. The Cherokee Trail, for instance, included in S.
580, was an important route used by Native Americans to travel from
Indian Territory to the gold fields of California. To overlook this
significant, but probably not widely appreciated, chapter of our
history would be a very unfortunate oversight. Examination of the
Cherokee Trail for possible national recognition will allow the
opportunity for many more Americans to more fully understand the range
of aspirations of some 19th Century Native Americans.
The understanding of our history and the diverse cultures it has
produced is not static. Rather, like a living organism it is dynamic
and grows with new discoveries and re-interpretations of previous
information. As a Nation we are much richer and stronger because of
such advances in the understanding of our history that enable us to
more fully appreciate both the contributions of the many peoples and
cultures that have inhabited our land before us and the injustices
brought upon them through ignorance, prejudice and greed.
Our National Trails System should be in the forefront of
recognizing the full stories of our past, as we are best able to
understand them and to preserve the physical reminders of those stories
to the fullest extent possible.
S. 580 provides the opportunity to update the Feasibility Studies
for these four trails to reflect significant new research since the
original studies were completed. The bill is a necessary opportunity to
assure that significant components of our history are recognized and
preserved to enrich our understanding of our past and to allow future
generations to do so, too.
The Partnership urges you to recommend adoption of S. 580 to your
colleagues on the Energy and Natural Resources Committee and to the
full Senate.
The Partnership for the National Trails System appreciates the
prompt consideration you have given to S. 169 and S. 580 and the
opportunity to provide these comments in support of them for the
hearing record. We urge you to promptly recommend passage of this
legislation important for restoring consistency to the National Trails
System Act and for authorizing a study of the feasibility of adding
important components to existing national historic trails.
STATUS OF NINE NATIONAL SCENIC AND HISTORIC TRAILS WITHOUT FEDERAL LAND
ACQUISITION AUTHORITY
------------------------------------------------------------------------
Projected Protected Unprotected
National Scenic Trail Length Length Length
(Miles) (Miles) (Miles)
------------------------------------------------------------------------
Continental Divide Trail............. 3,200 3,087 113
Ice Age Trail........................ 1,200 511 689
North Country Trail.................. 4,200 1,546 2,654
Potomac Heritage Trail............... 715 465 250
----------------------------------
TOTAL.......................... 9,315 5,609 3,706
------------------------------------------------------------------------
STATUS OF NINE NATIONAL SCENIC AND HISTORIC TRAILS WITHOUT FEDERAL LAND ACQUISITION AUTHORITY
----------------------------------------------------------------------------------------------------------------
No. Significant Sites/ Protected Sites/ Unprotected Sites/
National Historic Trail Segments Segments Segments
----------------------------------------------------------------------------------------------------------------
Iditarod Trail....................... approx. 75............. 11..................... approx. 64
Lewis & Clark Trail.................. approx. 270............ 123.................... approx. 147
Mormon Pioneer Trail................. 88..................... 6...................... 82
Nez Perce Trail...................... 80..................... 40..................... 40
Oregon Trail......................... 217.................... 14..................... 203
--------------------------------------------------------------------------
TOTAL.......................... 730.................... 194.................... 536
----------------------------------------------------------------------------------------------------------------
The figures given are the most accurate available; however they are
approximate for all of these trails. Improvements in mapping techniques
and historic research are increasing understanding of the full nature
of these trails and the resources upon which they are based.
S. 169 provides ``Willing Seller'' land acquisition authority to
Federal agencies for all of these nine trails.
Senator Akaka. Thank you very much for your testimony.
Now James Brown.
STATEMENT OF JAMES P. BROWN, WASHINGTON OFFICE DIRECTOR, ST.
LOUIS, MO
Mr. Brown. Mr. Chairman, thank you. On behalf of St. Louis
Mayor, Francis Slay, I'd like to thank you again for this
opportunity to testify in support of H.R. 1047, a bill
authorizing the Secretary of the Interior to conduct a study to
determine the feasibility of designating the St. Louis
Soldiers' Memorial Military Museum as a unit of the National
Park Service.
I'd like to also thank Senator Claire McCaskill and
Congressman William Clay for sponsoring this legislation.
The Soldiers' Memorial was built as a tribute to all
veterans residing in the greater St. Louis area, including
southern Illinois. It has become a place of great solace for
those veterans seeking peace and contact with their past and a
great source of inspiration and pride for those families whose
sons and daughters made the ultimate sacrifice for this
country.
With American troops now serving in Iraq and Afghanistan,
landmarks that honor their service and the brave sacrifices
made by our veterans that came before them are extremely
important to the American people.
The St. Louis Soldiers' Memorial has a unique place in our
Nation's history. It is a national treasure created by the 20th
century foremost Art Deco Master, Walter Hancock. The
architectural masterpiece was dedicated by Franklin Roosevelt,
October 14, 1936 and is the only structure in St. Louis, that
we know of, that was dedicated by a sitting President.
Therefore we do take exception to the characterization that the
memorial is not distinguished beyond many other city memorials.
Originally built to honor the veterans of World War I, the
St. Louis Soldiers' Memorial occupies a seven acre site in
downtown St. Louis. It houses an extensive collection of
priceless military artifacts that date back to the early
1800's.
Today the memorial has become a cultural resource and
gathering place. Every year it attracts nearly 48,000 visitors.
It provides the setting for more than 20 ceremonies, including
national patriotic events hosted by veterans groups, change of
command ceremonies and military retirement ceremonies.
This monument is also the center of the Annual Veteran's
Day Parade in observation, which is the largest of its kind in
the Midwest, drawing more than 100 marching units from many
surrounding States.
It is truly a beautiful structure that it certainly among
the most cherished monuments ever built in tribute to our
Nation's veterans. Every effort should be made to help ensure
this valuable landmark is preserved for the benefit of future
generations.
Federal designation as a monument, under the administration
of the National Park Service would guarantee the highest
standards of historic preservation. We believe that a
feasibility study of the St. Louis Soldiers' Memorial
undertaken by the Interior Department will show that it is a
historic structure with national significance and should become
a part of the National Park Service. Thank you.
[The prepared statement of Mr. Brown follows:]
Prepared Statement of James P. Brown, Washington Office Director,
St. Louis, MO
in support of h.r. 1047
Mr. Chairman and Members of the Subcommittee, thank you for giving
me this opportunity to testify in support of HR. 1047, a bill
authorizing the Secretary of the Interior to conduct a study to
determine the suitability and feasibility of designating the Soldiers'
Memorial Military Museum located in St. Louis, as a unit of the
National Park Service. My name is James P. Brown and I am here
representing the City of St. Louis. I would like to take this
opportunity on behalf of St. Louis Mayor Francis Slay to thank both
Senator Claire McCaskill and Representative William Lacy Clay for
sponsoring this very important piece of legislation.
The Soldiers Memorial was built as a tribute to all veterans
residing in the greater St. Louis area, including Southern Illinois. It
has become a place of great solace for those veterans seeking peace and
contact with their past, and a great source of inspiration and pride
for those families whose sons and daughters made the ultimate sacrifice
for their country. With. American troops fighting in Iraq and
Afghanistan, landmarks that honor their service and the brave
sacrifices made by veterans that came before them, are extremely
important to the American people.
The St. Louis Soldiers' Memorial has a unique place in our nation's
history. It is a national treasure created by one of the 20th Century's
foremost Art Deco master, Walter Hancock. The architectural masterpiece
was dedicated by President Franklin D. Roosevelt on October 14, 1936,
and is the only structure in St. Louis that is known to have been
dedicated by a sitting U.S. President. Nobel features include the
massive stone columns with carved stone panels between the columns that
bear the faces of war veterans. On the north and south sides of the
building are large stone statues of winged horses and martial looking
men and women, representing the most important virtues in a soldier's
life--COURAGE, LOYALTY, SACRIFICE AND VISION.
Originally built to honor the veterans of World War I, the St.
Louis Soldier's Memorial occupies a seven-acre site in downtown St.
Louis. It houses an extensive collection of priceless military
artifacts that date back to the early 1800's. Today, the memorial has
become a cultural resource and gathering place. Every year, it attracts
nearly 48,000 visitors and provides the setting for more than 20
ceremonies, including national patriotic events hosted by veterans
groups, change of command ceremonies, and military retirement
ceremonies. This monument is also the center of the annual Veterans Day
parade and observance which is the largest of its kind in the Midwest,
drawing more than 100 marching units from surrounding states.
The Soldiers' Memorial Military Museum is owned and maintained by
the City of St. Louis. In 1923 the City of St. Louis voted $6 million
to purchase a Memorial Plaza and building dedicated to St. Louisans who
lost their lives in World War I. The purchase of the seven-block site
exhausted the allotted funding leaving no money to erect a monument. In
1933, Mayor Bernard F. Dickmann appealed to citizens and the city
government to raise $1 million for the construction of a memorial
building and for general improvements of the Plaza area with assistance
from the Relief Recovery Act. Construction of the Memorial began on
October 21, 1935. On October 14, 1936, President Franklin D. Roosevelt
officially dedicated the site. Mayor Dickmann opened the building to
the public on Memorial Day, 1938.
It is a truly beautiful structure that is certainly among the most
cherished monuments ever built in tribute to our nation's veterans.
Every effort should be made to help ensure that this valuable landmark
is preserved for the benefit of future generations. Federal designation
as a monument under the administration of the National Park Service
would guarantee the highest standards of historic preservation for all
collections and unique architectural features. We believe that a
feasibility study of the St. Louis Soldiers' Memorial undertaken by the
Interior Department will show that it is a historically significant
structure with national significance and it should become a part of the
National Park Service.
Thank you for your consideration.
Senator Akaka. Thank you very much for your testimonies.
And now we have a few questions for you.
Mayor Kerner, you said that you believe placing the Fleming
Plantation within the management authority of the National Park
Service will be the best way to preserve the site. Can you tell
us what kind of condition the site is in and is there any
estimate of how much it will cost to acquire and preserve this
site?
Mr. Kerner. Senator, I don't have the estimates on the
cost, I'm sorry. I think Senator Landrieu may have that, but I
will tell you that there's a house on the Plantation that's in
fairly good shape, but the blacksmith's shop is in bad shape.
Also a couple cottages are in bad shape.
I couldn't tell you a dollar amount for what it would take
to restore them, but I will tell you that, in my area, right on
Bayou Barataria, we're surrounded by swamp. It's a beautiful
area. We have people from all over the world that come there
and I think that this Plantation would just add to it, Senator.
It would be a beautiful point of interest for Louisiana.
Senator Akaka. Thank you. General Reddel, you've testified
that your commission needs to be able to hire Federal employees
to protect against liability issues. Most other groups
authorized to build a memorial have not had this authority. Is
there a difference between your commission and other memorial
groups that would justify this authority?
General Reddel. I can't speak to the differences in
explicit terms with regard to other commissions as much as to
say that we've looked carefully at the liability risk for the
people that we have now on contract with us, and it's a serious
issue for us to have this coverage.
We've looked for a way to do it, the most cost-effective
and efficient way we could identify and looked at the cost of
private insurance.
We also find that the law with regard to the District of
Columbia and the statute of repose would require us to have
such insurance for our employees up to a period of 10 years
after the completion of the construction of the memorial.
So, our resolution of this from our viewpoint in
consultation with legal counsel was to do what we've proposed
in the legislation.
Senator Akaka. And the legislation of S. 890, it states
that a commission can hire employees with regard to the civil
service laws and title V of the U.S. code.
My question to you is why do you need to be exempted from
those laws?
General Reddel. We wish to be exempted from those laws so
that we can hire people on a temporary basis to meet the
specific needs of the expertise for the design and the
construction of the memorial and to make that as carefully
defined for those purposes as we can.
Senator Akaka. Thank you, General. Ms. Burdick, do you have
an idea of how much of the trail will run on public lands or
rights-of-way and how much crosses private lands?
Ms. Burdick. Very little. I'd like to turn that question
over to Mike Fitzgerald who actually walked the trail.
Mr. Fitzgerald. I'd going to have to say 90 percent of what
we walked was public.
Senator Akaka. Mike, will you come up to a mic, so we could
have it recorded? Thank you.
Mr. Fitzgerald. Thank you, sir. I can't say exactly. I
don't have those exact numbers, but 90 percent, a majority of
the roads we walked on were public roads. Some of the camps are
on private land, some of those aren't identified down in
Virginia, but as far as the roads go, I think, they were pretty
much all public.
Senator Akaka. I see. Do you have any comment on that
request by the Dobbs Ferry Historical Society to modify the
trail map to ensure that Dobbs Ferry is recognized?
Mr. Fitzgerald. I don't think I'm probably in the position
to do that. I do know some of the history.
Senator Akaka. Will you state your name?
Mr. Fitzgerald. I'm sorry, Mike Fitzgerald with W3R.
Senator Akaka. Thank you very much, Mike. Will the other
gentleman please step forward to the mic, and state your name
and your response?
Ms. Burdick. Excuse me, Senator; may I put Dave Holloway,
who also walked, to answer the question about Dobbs Ferry?
Senator Akaka. Yes.
Ms. Burdick. Thank you.
Senator Akaka. Thank you.
Mr. Holloway. My name's Dave Holloway. I'm from
Connecticut. I also marched the trail.
It was my idea to begin with, but going through the trail,
we learned a lot of history about the trail, and it turns out
that Dobbs Ferry was actually Phillipsburg during the
Revolution and the Dobbs family owned the ferry that crossed
the Hudson. What it was, is, Washington would cross the Hudson
on Dobbs ferry, so when he would meet somebody he would say, we
would meet at Dobbs Ferry.
So, Phillipsburg's name was changed to Dobbs Ferry and to
coin a phrase, ``Washington slept here.'' So being from Hawaii,
you don't have too much of that, but it's very understandable,
because when we did the march we slept in 54 different places
in 4 months and so, Dobbs Ferry was one of the places where
Washington would meet, but the army actually wasn't there. We
crossed at King's Ferry, which is just north of Dobbs Ferry.
Senator Akaka. Well, thank you very much for that
information, appreciate it. Ms. Burdick, do you have any other
further comments?
Ms. Burdick. No, but we cordially invite the people from
Dobbs Ferry to attend all of our meetings and we're all
volunteers, so we need her.
Senator Akaka. Thank you very much. Linda, Ms. Borkow,
other than the omission of Dobbs Ferry from the trail map and
the Park Service Study, do you have any other concerns with the
proposed trail?
Ms. Borkow. No, we're very enthusiastic that we have this
legislation. It will help a lot of communities, but just to
continue with the remark that was made here, this document that
we submitted, the 14 page document, which is included in the
packet that we have submitted today, gives a very detailed list
of actual events which did occur in the current village of
Dobbs Ferry.
It's true, George Washington used this as a place name for
his entire encampment, which included Dobbs Ferry and several
of the neighboring villages, and that encampment is also
referred to as Phillipsburg. But for instance, the gentleman
here, who walked with W3R, they happened to have taken the
route of the French, but the Americans actually went through
Dobbs Ferry.
We have a primary source, which is also cited in our study:
Dr. Thatcher, who was with Colonel Scammel's unit and that
unit, was an elite unit which is actually in the current
village of Dobbs Ferry.
We in Dobbs Ferry, because W3R was not doing something
specific for our village, we organized our own march and
actually Colonel Johnson of W3R came over and joined us for our
march.
But, what we need to have happen is this very detailed
document that we have submitted in the comment period. We
really need a historic and factual response to that, and some
desire to really review it and incorporate these issues into
the resource study that was done.
If this becomes the final resource, the final study without
our changes, anybody reading this would, sort of, not have any
understanding of the very significant role that Dobbs Ferry
played.
In addition, the map that came with the legislation, that
very small map, which I have on page four of my packet, doesn't
mention Dobbs Ferry. It's kind of confusing, but Dobbs Ferry
should be on this as the starting point of Washington's march.
Basically, the responses we got from the National Park
Service indicated that they feel this is sort of a minor matter
that can wait until after the legislation. It can be addressed
in some sort of form as things evolve and they did not give the
impression that this very detailed document that we wrote with
all sorts of historical substantiation, and also included four
pages of specific corrections that we wanted to see to the
resource study.
We have this feeling that they don't intend to address it.
So, we need that addressed and responded to.
Ms. Burdick. I would like to say that the responses came
after this document was sent to the printer, so thank you.
Senator Akaka. Well, thank you very much, and thank you for
those comments. Gary Werner, Mr. Werner, just out of curiosity,
why was the land acquisition originally prohibited for these
nine trails when, as you pointed out, it has been routinely
authorized for all other trails?
Mr. Werner. Mr. Chairman, I'm not sure I can give you a
definitive answer because I have, over the years, have heard
several different interpretations, but they basically stem to
actions that were--as you know, the Trails Act has been amended
a number of different times since 1968, and there was a package
of amendments I believe in the early 1980's in which this
particular amendment was added, which put this restriction on
these nine trails which already existed, or had already been
authorized.
I know several people and in fact, Steve Elkinton from the
National Park Service, who was their program leader for the
National Trails System, has done some research on this.
Going back and looking through the congressional records
and the hearing records, there are a couple of different
theories as to exactly how the amendment arose that made this
prohibition, but it stemmed from the early 1980's and I think,
frankly, was a concern coming from some of the western Senators
about, what we still have today, the amount of public land or
Federal land in the West. That's what the basis is, I think,
for this amendment.
I'd happily yield to Mr. Elkinton if he'd care to--no, he
doesn't.
I'm sorry. I wish I could give you a very simple,
definitive answer, but I can't.
Senator Akaka. Thank you very much, Mr. Werner. Mr. Brown.
Mr. Brown. Yes, sir.
Senator Akaka. The Soldiers' Memorial has been a city-run
memorial for the past 70 years.
Mr. Brown. Yes, sir.
Senator Akaka. Why does the city now want transfer to the
Federal Government?
Mr. Brown. Senator, basically, we feel that the structure
is used, right now, by, as we said--groups come from eight or
ten States during Veteran's Day. It's used by many other groups
from surrounding States. It is a facility that has tremendous
historical experience.
I understand, one of the points was made, about it being
eligible but hasn't been formally nominated. I understand
that's underway now, efforts are being made to do that.
Also, we feel that structures of this national
significance, that are used so frequently for these purposes
should be under the umbrella of the National Park Service in
terms of, not only just making the facility better and
maintaining it, because some of these artifacts are very old
and so on, but that as the National Expansion Memorial, the
Gateway Arch, this facility is visited by many, many non-St.
Louisans, people from many, many other States, and it's not
just that we're having difficulty from a budget standpoint to
properly maintain it.
We feel that it has such national significance that it
should be under the umbrella of these other national monuments
so it can be properly recognized and properly maintained.
Senator Akaka. Assuming this study came back favorable,
would the city propose to donate the site to the Federal
Government?
Mr. Brown. I think that could definitely be a possibility.
Yes, sir.
Senator Akaka. Do you have any estimates as to what the
maintenance and annual operating costs are?
Mr. Brown. Right now they're between $180,000 to $250,000 a
year.
Senator Akaka. I want to thank you for your responses and
let me call now on Senator Thomas for his questions.
Mr. Brown. Thank you, Senator.
Senator Thomas. Thank you, Mr. Chairman. Just very briefly,
Mr. Kerner, you mentioned this extension would be good for the
State and local area. Does that fit into the needs as a
National Park?
Mr. Kerner. Well, it would be 5,000 acres, Senator, and
that would be 5,000 acres of prime wetlands where they have so
much wildlife and it would be preserving the wildlife,
preserving the beauty of these wetlands. They could never be
developed.
Some of this property is developable, but by putting in a
National Park, it would never be developed.
So many benefits, it acts as a buffer zone for 250,000
people on the West Jefferson port of the river.
Senator Thomas. It's private land now?
Mr. Kerner. Private lands, yes, sir.
Senator Thomas. I see. So then you'd have a total of about
27,000 acres, this kind of thing. Is that right?
Mr. Kerner. That's right.
Senator Thomas. Okay. Mr. Brown, I was going to ask a
similar question that the chairman has already asked. So the
Government would pay the entire operating and maintenance
expense under your proposition. Is that correct?
Mr. Brown. Yes, Senator.
Senator Thomas. Do you charge an entrance fee now for the
museum?
Mr. Brown. Yes, it's minimal. I believe it's under $5, I
believe.
Senator Thomas. What does it generate, do you know?
Mr. Brown. I believe it generates less than about, I think
it's $25,000 a year.
Senator Thomas. Okay. You know, I understand. We just have
to kind of make a decision sometimes, what things are national
and what things should be State, what things should be local,
and I understand that they're good things and if you can get
the feds to pay for it, why that's a good idea. That's why we
ask these questions.
Mr. Brown. Certainly, certainly, Senator.
Senator Thomas. Ms. Burdick, how much of the construction
will be necessary along the route to restore the points of
interest and build a visitor's center and so on?
Ms. Burdick. Actually, one of the things that we're doing
is partnering with many different historic preservation groups.
We're just starting the very initial phases of a communications
commons where members can talk with others to learn about
places that are threatened by development, places that need a
new roof and so on and so forth, but there are many different
partnering organizations that we're reaching out to that can
help with these things.
At the moment, Yorktown National Park Service is a
reasonable place for the Visitor's Center because it already
exists.
Senator Thomas. Okay. Mr. Werner, are you aware of any
private funds available to purchase land to add to the trail
systems?
Mr. Werner. Yes, Senator Thomas. There are a number of land
trusts, non-profit organizations that are working along for
specific sites or specific areas along some of the scenic and
historic trails.
Several of the national, such land trusts, the trusts for
public land, and the conservation fund have been doing work to
help protect specific sites along some of the scenic and
historic trails.
In Wisconsin, where I'm from, besides local government and
donations from private individuals, there have been a number of
local foundations, or regional foundations that have provided
funding assistance, usually on a matching basis where if
there's some government money available, that money will be
matched with the private money, so you're leveraging both
public and private money to afford the necessary protection or
acquisition.
Senator Thomas. The private money could be used then. Is
that right?
Mr. Werner. Absolutely, yes.
Senator Thomas. Mr. Reddel, this is going to be basically
under GSA, this program. Is that right?
General Reddel. We're anticipating the design and the
construction to be under GSA, yes, sir.
Senator Thomas. The Commission brought authority for
raising money and entering contracts and support from GSA. How
does that compare to other memorials? Have they done the same
thing?
General Reddel. Yes, sir, the other memorials have used the
advice and the resources of GSA, and we see ourselves in what
we're proposing is similar to other commissions in terms of our
structure to arrive at that end.
Senator Thomas. I thought I read somewhere here where GSA
just didn't appear here. Why is that? They declined to appear.
Do you know why?
General Reddel. No, I do not.
Senator Thomas. Okay, all right, well, we'll have to check
that out. Yes. Come up and identify yourself.
Ms. Wilson. I'm from GSA. Actually it's a little bit
misleading, of what this bill is attempting to do. It is to
give the Eisenhower Commission the authority to do their work.
GSA just provides administrative support in this bill to the
Commission. We help do their accounting and their personnel
work, things like that, not actually planning the memorial.
The Commission will continue to plan the memorial. GSA
wasn't declining to testify today, but it's basically the
Commission's hearing, their structures. They are deciding how
the memorial will be established, what will be there, and GSA
is just providing administrative support for them.
Senator Thomas. Who provides the money for GSA?
Ms. Wilson. They pay us on a reimbursable cost basis for
our work.
Senator Thomas. I see, thank you. Would you give us your
name, please, and social security number?
[Laughter.]
Ms. Wilson. I'm Leslie Wilson, and I'm in the General
Counsels Office at GSA.
Senator Thomas. Thank you. Thank you, Mr. Chairman. I
appreciate the testimony.
Senator Akaka. Thank you very much, Senator Thomas. I'm
glad you asked a question about GSA. That was in my mind too,
and now we have a response.
Before we conclude this hearing I'd like to again, thank
our panels and our witnesses and those who added to it, for
your responses.
Your comments help put a personal face on these bills and
are very helpful to the subcommittee. As I have said before,
I'm looking forward to try to move these bills as quickly as we
can.
Some Senators, who were unable to be here this afternoon
may submit questions in writing which we'll ask you to answer
for the record if it is sent for your questions.
So, with that I want to say thank you again to all of you,
and the subcommittee hearing is adjourned.
[Whereupon, at 3:54 p.m., the hearing was adjourned.]
APPENDIXES
----------
Appendix I
Responses to Additional Questions
----------
Responses of Linda Borkow to Questions From Senator Thomas
Question 1. Washington-Rochambeau Revolutionary Route (S. 686):
Have you submitted your comments to the National Park Service and are
you satisfied with the response they have provided?
Answer. Thank you for your questions, Senator Thomas.
The Dobbs Ferry Historical Society submitted a 14-page comment to
the National Park Service on December 2, 2006, during the public
comment period.
Our comment was provided to the Subcommittee on April 26, 2007
(pages 8 through 21 of the handout).
We have not received a response to the historical evidence and
documentation found in our 14-page comment. The only response provided
was confirmation that the comment was received by the NPS.
We are not satisfied with their response thus far: we hope that the
NPS will respond to the historical content in our 14-page comment.
A stated objective of the NPS Washington-Rochambeau Revolutionary
Route Resource Study is ``to identify the full range of resources and
historic themes associated with this route'' (page 2). Because we
present abundant evidence that Dobbs Ferry is a key site along the
Washington-Rochambeau Route, our comment is relevant to this NPS
objective.
The NPS Resource Study also states that the NPS ``will carefully
review all comments and determine whether any changes should be made to
the report'' (page 2). This statement suggests that the NPS is prepared
to make changes in the Resource Study in response to comments which are
relevant and well-substantiated.
Question 2. Are the concerns expressed by the Dobb's Ferry
Historical Society the result of an oversight during the NPS study of
the Washington-Rochambeau Revolutionary Route or a scholarly difference
in the interpretation of the history of the Revolutionary War and the
march to Yorktown? Please explain.
Answer. We do not know why Dobbs Ferry was omitted from the NPS map
which accompanies this legislation. As was mentioned in our testimony
on April 26, 2007, we would welcome any feedback, including any
disagreement or challenge that is based on historical evidence. To
date, no one has challenged the historical accuracy of our 14-page
comment.
For that reason it seems unlikely that the concerns of the Dobbs
Ferry Historical Society are the result of a scholarly difference of
interpretation of the march to Yorktown or of the history of the
Revolutionary War, and it seems more likely to be the result of an
oversight.
Similarly, we do not know why the Resource Study associated with
this legislation fails to mention:
a. that Dobbs Ferry was the starting point, on Sunday, Aug
19, 1781, of Washington's march from New York to Yorktown,
Virginia;
b. that Dobbs Ferry and neighboring localities, such as
Ardsley and Edgemont/Greenville, were part of the 1781 summer
encampment of the allied American and French armies where the
winning strategy for the Revolutionary War was adopted;
c. that elite military units were deployed in Dobbs Ferry
during the 45 days of the encampment (Col Alexander Scammel's
First Infantry, described by a respected primary source as ``a
select corps, consisting of the most active and soldierly young
men and officers . . . intended to march in advance of the main
army, constantly prepared for active and hazardous
service,''\1\ and Col Elisha Sheldon's Dragoons, the first
cavalry of the United States);
---------------------------------------------------------------------------
\1\ Military Journal of the American Revolution by Dr. James
Thacher.
---------------------------------------------------------------------------
d. that a large redoubt, overlooking the Hudson River, was
constructed at Dobbs Ferry by American troops.
e. that Dobbs Ferry received cannon fire from British ships
on the Hudson River on at least three occasions during the
summer encampment of 1781, and fire was returned by the troops
in the redoubt, causing considerable damage on one occasion to
the HMS Savage, a British ship-of war; the damage to the HMS
Savage allowed American prisoners of war on board to escape.
f. and that General Washington placed the name, ``Dobbs
Ferry'' or ``Dobbs's Ferry'' or ``near Dobbs Ferry'' at the top
of approximately 100 letters which he sent from the encampment,
indicating that these were his preferred names for the location
of the encampment.
There is one reference to Dobbs Ferry in the text of the Resource
Study: On page 17, mention is made of a Hudson River ferry crossing at
Dobbs Ferry of 600 officers and men ``ahead of the main armies,'' and
this is of definite interest, but no mention is made at all of
occurrences a through f, all of which are more important historically
than that ferry crossing ahead of the main armies.
Dobbs Ferry appears in very small font on one map in the Resource
Study (page 47), along with hundreds of other localities.
It is difficult to draw any conclusions about the historical
significance of Dobbs Ferry from the map on page 47.
While we are calling for important changes, compatible with the
historical evidence, in the NPS Resource Study and on the NPS map
accompanying this legislation, we wish to reiterate our strong support
for S. 686 and to express our appreciation to the NPS study team for
their hard work in behalf of a wonderful concept, the Washington-
Rochambeau National Historic Trail.
We also wish to comment on the statements which Kim Burdick
submitted in response to Senator Thomas's questions, and which are now
part of the public record. We received Ms. Burdick's statements because
she circulated them by e-mail.
Ms. Burdick states in her answer to Senator Thomas that Dobbs
Ferry's purpose is to get ``a piece of the . . . money pie and any
future federal funding that might come along,'' and that, ``Mrs.
Borkow's main comment to us was `if Dobbs Ferry is not a big dot on the
map, we won't get any funding.' ``
Ms. Burdick has misconstrued my comments, and I do not believe that
these are words that I used. My actual response was that it would be
damaging to all of our efforts if we acquiesce in the publication of an
incorrect NPS Resource Survey.
In ongoing volunteer efforts for more than a year and a half,
members of the Dobbs Ferry Historical Society have been attempting to
raise the level of public awareness about the great historical events
which transpired at the 1781 summer encampment of the American and
French armies in Dobbs Ferry and in neighboring localities.
We consider that awareness of the great historical events which
occurred in our communities is the heritage of all Americans and of
posterity. Because it is our mission to educate the public about these
significant events, we hope to establish permanent historical displays.
If the National Park Service presents interpretations of history
which omit the role played by Dobbs Ferry, our potential backers would
be deterred and confused as to the true historic events because of the
great credibility of the National Park Service.
All of our efforts to develop accurate historical exhibits would be
undermined if the National Park Service were to publish a historical
account with such major omissions.
______
Responses of Kim Burdick to Questions From Senator Thomas
Question 1. Washington Rochambeau Revolutionary Route (S. 686): How
do you envision the interpretation of the route (that is, would
visitors have to drive from point to point or will there be a central
visitor center)?
Answer. Thank you, Senator Thomas. As the former staffer of the
Delaware House of Representatives' Natural Resource Committee, I
appreciate your very thoughtful questions. Please feel free to keep
asking me questions until you get all the information you need.
There are two parts to your first question:
Technology & Publications
W3R-USA, as a 5-1 c-3, is currently working with Talisman
Interactive in Manayunk, Philadelphia, PA on a comprehensive plan to
develop a variety of tools for assisting visitors along the route. Our
idea is to have a website, cell-phone & pod-cast sound trail,
brochures, guidebooks, and interactive kiosks along the route.
The first element will be touch-screen kiosks in key locations
along the route. The pilot project kiosk was funded by the Delaware
General Assembly and was installed on 4th of July, 2006 at the
Wilmington Amtrak Station. We are hopeful that the other nine states
and DC will fund additional kiosks along their portion of this route.
We like the idea of putting these kiosks in places where there is heavy
public visibility, such as Amtrak Stations and state and local visitors
centers, and of course, in national parks. The pilot project kiosk
contents are available on-line at www.w3r-de.org.
The W3R-Delaware kiosk has some additional bells & whistles in that
it has Yahoo map service and can print out a basic essay about the
route in both French & English. (See image No. 1 at end of this
document.) These kiosks cost about $25,000 each. Delaware tourism is
very interested in these kiosks as a mechanism for capturing the zip
codes of anyone who wants to send himself or a friend an ``e-
postcard''. This zip-code data collection gives us some way to track
the geographic spread of our visitors.
W3R-USA has long-term plans to develop Sound Trails using cell
phone technology and additional pod-casts to interpret the historic
sites along the way. These sound trails will enable the visitor to
learn about the march of the allied soldiers without requiring the
sites to be open to the public.
Currently W3R-USA is working on a series of pod-casts that tell the
Washington-Rochambeau story. These utilize existing film footage that
Talisman has made at our events. Each one costs about $8,500, including
travel time for the film crew. Our first pod-cast is David McCullough
talking about the importance of the French soldiers and French citizens
of the thirteen colonies. Hopefully this one will be available on-line
next week, The others in our initial pod-cast series are Bob Selig, the
chief historian for this project; the Marchers who walked all along the
W3R from Rhode Island to Yorktown; and French Ambassador to the United
States, Jean-David Levitte, telling the story from his French
perspective.
Each of seven of the nine W3R states has also privately contracted
with scholar Robert Selig, PhD, to do extensive research into their
state and local archives. Most of Bob's reports are on-line and can be
found at www.w3r-us.org To date he has completed RI, CT, NY, NJ, PA, DE
and funding for the Virginia study was announced at Yorktown Days this
past fall. Maryland and Massachusetts, and DC, remain to be studied and
we are hopeful that these W3R chapters will actively search for state
and local funding to complete these volumes. In most cases, the State's
General Assembly gave the money to the State Historic Preservation
office that oversaw and vetted the research.
We are very anxious to get these comprehensive ``Selig Studies''
done and published as a nine volume commemorative set. The research has
already been used in a variety of ways, from creating local brochures
and interpretive panels, to adding content to the W3R-DE interpretive
kiosk.
Now that most of the states have completed their ``Selig Study''
our organization is looking into producing a comprehensive brochure
with a map of the entire route, and also a tourists' guide similar in
nature to a Fodors. This type of publication and a related marketing
outreach would be an excellent first project for NPS to work on with
W3R-USA, as the research is already done, and the impact would be
immediate.
Interpretive Centers
My personal belief is that it is most economical, practical, and
useful thing to leverage existing resources. There are a number of
National Park Service sites on, or close to, this proposed
Revolutionary Route, that could fairly inexpensively be outfitted with
exhibit panels, brochures, pod-casts and interactive kiosks to help
tell the story of the 1780-1782 march of the allied troops. I am
especially interested in utilizing these existing National Parks and
their interpretive centers as much as possible. They are ideally
situated for spreading the W3R story as they already cater to a niche
market attracted to the American Revolution.
Colonial National Park in Yorktown is already a major player in
this effort and, to my mind, makes the most sense as a focal point
interpretive center. The march of the allied troops under Washington &
Rochambeau culminated in the surrender of Cornwallis at Yorktown.
Colonial National Park is visited annually in the month of October by
American, French and often, British, government officials and hordes of
tourists celebrating Yorktown Day. Our story is their story.
Independence Visitor Center in Philadelphia is also already a key
partner, and has a great temporary W3R exhibit that was installed in
summer 2006 that will remain there until fall, 2007 then move to Valley
Forge. Philadelphia is almost in the middle of the 685 mile W3R route
and anyone following the route will pass through this historic
district.
Although not every one of the nine states has a National Park with
a Revolutionary War theme, five of the nine states do: Massachusetts,
New York, New Jersey, Pennsylvania and Virginia. New York State has
West Point, Maryland has Annapolis, and DC has the Center of Military
History at Fort McNair and the Library of Congress, all willing
potential partners.
The National Parks & state government-related sites that might be
most conveniently be pressed into service are: Massachusetts: Boston
National Historical Park, Minute Man National Park; New York: Stony
Point, West Point; New Jersey: Morristown National Park (and also
Monmouth & Princeton State Parks); Pennsylvania: Independence & Valley
Forge; Maryland: Annapolis (& wrong war--but--perfect location-Fort
McHenry National Park), DC-Library of Congress's Center of Maps &
Geography and Smithsonian Museum of American History Virginia, Colonial
National Park and also George Washington's Birthplace. (Colonial
Williamsburg and Mount Vernon have also partnered with W3R-USA on
several projects.)
The historic sites along the Washington-Rochambeau Revolutionary
Routeare mostly privately, locally, and state-owned, and should not be
expecting NPS to fund their preservation or their restoration. The W3R-
USA, our non-profit, has established amazing ties with the city, state,
and county parks and officials in the nine states and they are
extremely interested in pumping up the visibility of their Rev War
sites through partnering with local, county, state and federal parks
along this 685 mile route. In every state tourism officials are
interested and both willing and eager to help move this project to a
higher level.
The W3R is a good story that needs to be told, and it is largely an
auto-route. For those who wish to walk the route, it is mostly just a
road through towns and cities with sidewalks already existing in many
places, plus some occasional hiking trails. By coincidence, or
serendipity, the W3R also weaves in and out of existing greenways in
nine of the fifteen East Coast Greenway states. At some point in the
future, it is possible that at some transportation hubs, informational
and interpretative panels for both projects could be established.
An additional thought which may be causing needless concern to
Congress: One of our board members, Betty Jane Gerber of McLean,
Virginia, came to us in 2004 with a proposal for a central visitors'
center in Washington, D.C. While we agree that it would be a nice idea
to do that, her plan is not a top priority of W3R-USA. The Washington,
DC heritage center has it's own non-profit status and W3R sees that
effort as BJ's own baby.
The following websites may be useful in visualizing the potential
of using existing NPS sites as partners: http://www.nps.gov/colo/,
http://www.nps.gov/revwar/revolutionary_parks/pop.htm, http://
www.cr.nps.gov/museum/exhibits/revwar/index1.html, and http://
www.nps.govirevwar/.
Question 2. Washington-Rochambeau Revolutionary Route (S. 686): How
much construction will be necessary along the route to restore points
of interest, erect interpretive material, or build visitor facilities?
Answer. I don't see this route as a major construction project. It
is rather, a massive marketing effort. The greatest expense should be
in developing a comprehensive marketing plan, printing costs,
advertising costs, and interpretive signs and films.
The Marchers will be able to pinpoint the places in the road where
it is most dangerous for pedestrians; Most of those issues should be
pinpointed and brought not to NPS to fix, but to the state legislators
and state and county highway departments for remediation.
There are some encampment sites that it would be nice to preserve
but, as many are already parking lots and strip malls, for the most
part an interpretive panel or state historic marker suffices.
The historic houses and sites along the way are already somebody
else's baby. Most of them are either privately-owned or run by non-
profits, or local, county and state governments. While all of these
sites would like to stick their hands out for money, I personally would
tell the managers of these sites (and have told the ones in Delaware)
that W3R is merely a Route, an Auto-Tour, and that NPS's role is merely
to enhance existing efforts through effective marketing techniques.
It never hurts to have some public restrooms along the way, but
simply marking on a route map where public restrooms and local, county,
state and national park restrooms and campsites are already to be
found, would be a good deed that would involve a simple survey, and
entail less eventual federal government responsibility.
Many of the W3R-USA states have already begun marking the trail
with highway route markers & wayside exhibit panels using state and
local funding. The states and counties that have participated to date
seem to like doing this and see it as a good heritage tourism tool.
We are using a comprehensive and carefully thought-out graphic
design template. In several states the Department of Transportation has
taken our template and cranked out and installed the highway route
markers. Delaware has 37 of these highway route markers and the cost
estimate I heard was only $2,000 from soup to nuts.
Question 3. Washington-Rochambeau Revolutionary Route (S. 686): How
much do you estimate the annual expense will be to manage and interpret
the Washington Rochambeau Revolutionary Route?
Answer. The appropriations requested by are $350,000. Divided by 9
states and DC, that is pretty cheap. Although I haven't seen the NPS
budget breakdown, I do know that this project will require at least one
staff person serving as a full-time circuit rider, and three would
really be better. Postage, long-distance phone bills, gas, and mileage,
motel rooms, and office supplies will need to be covered. Very
professional marketing & interpreting of this route will be essential.
I don't know how NPS plans to handle the funding, but if I were in
charge of that end of things, I would set up a good portion of this
money as a pool of capped, re-grant, funds that each statewide chapter
of W3R or an official nonprofit along the route, could request through
an orderly grant application process. Most of the states already have
state and local support that could serve as matching funds towards
leveraging such a grant pool.
Here are some real-world numbers based on W3R-DE's actual costs for
our W3R Revolutionary Weekend held in September, 2006.
Touch screen kiosk.--$25,000.
Basic (very basic) web design.--$4,500.
One 1/8 page color ad in Amtrak.--$2,500.
Interpretive wayside single-panel sign.--$15,000.
Each free-standing wooden exhibition kiosk, also.--$15,000-
$35,000.
State's Selig Study.--$25,000.
Tour guide booklets.--the estimate we got for a 9-volume set
was about $10,000 per state for a 40 page booklet with 8 pages
of color plates. The printing estimate was about $6.25 per
booklet.
Brochures.--Depends on amount produced. We had a small grant
of $2,500 and asked for ``as many color brochures as we could
get for $2,500.'' They cost about $1.00 to $2.50 each,
producing them in this small quantity.
Question 4. Washington Rochambeau Revolutionary Route (S. 686): Are
the concerns expressed by the Dobb's Ferry Historical Society the
result of an oversight during the NPS study of the Washington-
Rochambeau Revolutionary Route or a scholarly difference in the
interpretation of the history of the Revolutionary. War and the march
to Yorktown? Please explain.
Answer. Actually, Dobbs Ferry was not omitted by NPS. The Park
Service, in fact, did include Dobbs Ferry in the final study report.
W3R-USA feels it was adequately covered. Although Dobbs Ferry is an
important and interesting part of the American soldiers' story, W3R's
main thrust is the French and American story that begins far north of
Dobbs Ferry, in Newport, Rhode Island.
Question 5. Washington-Rochambeau Revolutionary Route (S. 686): Do
you concur with the comments submitted by Dobb's Ferry Historical
Society? Do you object to modifying the map referenced in the bill to
reflect concerns expressed by the Dobb's Ferry Historical Society?
Answer. W3R-USA agrees that Dobbs Ferry is an important piece of
the W3R story. Dobbs Ferry is already on the final study map and is
also mentioned in the text of the NPS final study. W3R has no objection
to modifying the map. We welcome the members of the Dobbs Ferry
Historical Society to become active participants in our all-volunteer
organization. As this study is not about the history of Dobbs Ferry,
and is about 685 miles of allied cooperation, we feel that the NPS
study is very well-done and perfectly adequate for what it is.
______
Responses of Gary Werner to Questions From Senator Thomas
Question 1a. National Trails System Willing Sellers (S. 169): S.
169 would give the National Park Service authority to acquire land from
willing sellers on nine trails. Does the BLM already have authority to
purchase land or obtain easements for any of the nine trails or would
S. 169 also apply to BLM?
Answer. Actually S. 169 gives authority to the Federal Government,
that is, all Federal agencies, not just the National Park Service, to
acquire land from willing sellers on nine national scenic and historic
trails. This is the same authority that Congress has provided to
Federal agencies for 10 national historic trails authorized since 1983,
including the Captain John Smith Chesapeake National Historic Trail
authorized in 2006.
Question 1b. Does the BLM already have authority to purchase land
or obtain easements for any of the nine trails or would S. 169 also
apply to BLM?
Answer. Wyoming BLM staff have told us that the Federal Land
Management Policy Act allows them to purchase trail land or obtain
easements from willing private landowners when Federal funds are
available.
We have been told that a Senate fiscal year 2008 funding request
has been proposed that allows the purchase of trail easements from the
Wyoming checkerboard private landowners. A similar funding request was
proposed during the 109th Congress.
Senate bill 169 does apply to the BLM, as well as all other Federal
agencies.
Question 2. National Trails System Willing Sellers (S. 169): Are
you aware of any private funds available for purchasing land to add to
the National Trails System and how much of those funds do you foresee
using if S. 169 is enacted?
Answer. Yes. National organizations, including The Conservation
Fund, Trust for Public Land, and The Nature Conservancy have helped
acquire land with private funding for the Appalachian, Florida, and
Pacific Crest National Scenic Trails and for the Lewis & Clark and
Trail of Tears National Historic Trails. Local land trusts in Wisconsin
have helped to acquire land for the Ice Age National Scenic Trail with
private and local government funds. The Florida Trail Association has
secured private donations to help protect several sections of the
Florida National Scenic Trail.
When a private landowner decides to sell land or a trail easement
as a Willing Seller, then the funds to pay for that acquisition must be
obtained by a Federal, State, or local agency, non-profit organization
or by trail volunteers or a combination of these entities. This is done
on a case by case basis and private funding is generally raised for
each specific project rather than for a ``Trail Acquisition Fund.''
Here are two examples of acquisitions in which the Oregon-
California Trails Association (OCTA) secured private funding to help
protect critical sites along the Oregon National Historic Trail:
Example A.--A private landowner offered OCTA an easement
covering the historic California Hill segment in Nebraska and a
private donor gave OCTA the funds to purchase that easement.
The cattleman's son then acquired the land and found that OCTA
had the only water source on his property. OCTA then rewrote
the easement to give him access to the water, installed a
cattle barrier gate for hikers and created a new access rule:
``When the bull is standing in the trail ruts, wait until he
decides where he wants to go before hiking on the trail.'' OCTA
signed a public access agreement with the National Park Service
which under the National Trails System Act protects both the
landowner and the trail easement holder from hiker liability.
With the donor's approval, OCTA later donated this easement to
the Nebraska State Historical Society who now administers it.
Example B.--A private landowner in the historic City of
Rocks area of Idaho offered to sell land to the National Park
Service but wanted more than the ``fair market'' appraised
value. OCTA volunteers donated the funds needed to make up the
difference and the National Park Service acquired this land.
Several states also have provided significant funding to acquire
land from willing sellers for national trails. The State of Wisconsin
and several counties have spent more than $13 million in purchasing
land for the Ice Age National Scenic Trail over the past 15 years. More
than 50 willing sellers have sold their parcels of land, ranging in
size from 5 acres to 1,200 acres, for the Ice Age National Scenic
Trail. Negotiations are underway with more than three dozen additional
willing sellers. Ten fee title acquisitions, from 40 acres to 339 acres
in size, have been completed by the State of Wisconsin to protect
segments of the North Country National Scenic Trail over the past four
years. The State also has acquired two easements for the North Country
Trail.
Similarly, the State of Florida and its communities are strong
supporters of the Florida National Scenic Trail (FNST). The Florida
Legislature has recognized the Florida National Scenic Trail in statute
as Florida's official statewide non-motorized trail and agencies have
been encouraged to acquire lands which will further the completion of
the FNST. Using this authority the Florida Office of Greenways and
Trails (OGT) has acquired several parcels providing 25 miles for the
FNST and is in the process of acquiring several more parcels to provide
another dozen miles of Trail. Several Florida State Conservation Areas
have been acquired that include sections of the FNST and several other
acquisitions, along the Suwanee River and other areas, now underway
will also provide land for the Florida National Scenic Trail.
If S. 169 is enacted into law the organizations working with
Federal agencies to sustain the nine national scenic and historic
trails in the legislation would continue to secure private funding and
local government funding, as well as funding from Congress, to acquire
critical sites and segments of the trails from willing sellers. The
percentage of funds to acquire any one parcel coming from each of these
public and private sources will likely vary from transaction to
transaction. Acquisition of land or easements from willing sellers is
necessarily a case by case activity that must meet the needs of the
landowners as well as the buyers and funders to be successful.
Question 3a. National Trails System Willing Sellers (S. 169): What
is the role of property owners with land adjacent to willing sellers in
the acquisition of property in accordance with S. 169? What recourse
does an adjacent property owner have if they object to sharing a
boundary with the trail as a result of the transaction and what
liability does the property owner incur if trail users stray onto their
property?
Answer. Willing Sellers are Private Landowners who decide to sell
their land or a trail easement across it to the Federal, State, local
government, or a nonprofit organization. Adjoining landowners have the
same rights that they would if this land was sold for a highway or sold
or leased to an energy developer, another rancher, or any other
purchaser.
Question 3b. What recourse does an adjacent property owner have if
they object to sharing a boundary with the trail as a result of the
transaction and what liability does the property owner incur if trail
users stray onto their property?
Answer. We understand that liability for injuries incurred by
people visiting or using other people's land is regulated by the
states. We further understand that many states have revised or adopted
``Recreational Liability'' statutes designed to minimize the liability
for landowners who are not in the business of providing recreation
opportunities and who allow others to use their land at no or minimal
cost for recreational purposes. One of the intentions of these statutes
is to encourage private landowners to open their lands for recreation
by the public.
Wisconsin's Recreational Liability statute, for example, applies
both for people who are expressly invited to come on the land by the
landowner and for people who use the land without the landowner's
permission. In neither case is the landowner required to keep the land
``safe'' for potential users (that is, fence off ``attractive
nuisances'' such as farm equipment, swimming pools, cliffs, etc.).
Rather the statute holds a landowner liable for injury to others only
when it can be proven that the landowner maliciously intended to harm
either an invited guest or a trespasser. Several cases under this
statute that have been decided by the Wisconsin Supreme Court have all
upheld the protection for the landowner, whether the landowner was a
private individual or a public agency.
In addition to the liability protection for landowners provided by
State Recreational Liability statutes, the National Trails System Act
provides Federal protection for landowners who cooperate in helping to
preserve components of the National Trails System or allow the public
to cross their land on one of the national trails. Section 7(h)(1) of
the National Trails System Act, quoted in part below, extends the
Volunteers-in-Parks and Volunteers-in-Forests benefits to cooperating
landowners.
Section 7(h)(1) The Secretary charged with the administration
of a national recreation, national scenic, or national historic
trail . . . may enter written cooperative agreements with the
States or their political subdivisions, landowners, private
organizations, or individuals to operate, develop, and maintain
any portion of such a trail either within or outside a
federally administered area. Such agreements may include
provisions for limited financial assistance to encourage
participation in the acquisition, protection, operation,
development, or maintenance of such trails, provisions
providing volunteer in the park or volunteer in the forest
status (in accordance with the Volunteers in the Parks Act of
1969 and the Volunteers in the Forests Act of 1972) to
individuals, private organizations, or landowners participating
in such activities, or provisions of both types. The
appropriate Secretary shall also initiate consultations with
affected States and their political subdivisions to encourage--
(A) the development and implementation by such
entities of appropriate measures to protect private
landowners from trespass resulting from trail use and
from unreasonable personal liability and property
damage caused by trail use, and
(B) the development and implementation by such
entities of provisions for land practices compatible
with the purposes of this Act, for property within or
adjacent to trail rights-of-way. After consulting with
States and their political subdivisions under the
preceding sentence, the Secretary may provide
assistance to such entities under appropriate
cooperative agreements in the manner provided by this
subsection.
Question 4a. National Historic Trails Extension Studies (S-580): Do
you foresee any new trails being added to the National Trails System as
a result of the studies authorized in S-580?
Answer. No. S-580 is almost identical in wording to its predecessor
bill signed out by this Subcommittee and unanimously approved by the
full Senate during the 109th Congress.
Question 4b. Do you foresee the expansion of existing trails as a
result of the studies authorized in S-580?
Answer. Bill S-580 authorizes the study of additional routes/
cutoffs recommended for future study by the 1999 Four Trails
Comprehensive Management Plan. As specified in the written testimony to
this Subcommittee, these studies will determine which of these routes
meet the qualifications of the National Trails Act and should be added
to already authorized trails. Then new enabling legislation will have
to be approved by a future Congress before any of these routes can be
added to the four National Historic Trails.
Question 4c. Do you foresee changes in the interpretation of the
history of these four trails as a result of the studies authorized by
S-580?
Answer. The National Trails Act does not authorize the Federal land
management agencies for these four trails to change their
interpretation of these four trails as a result of the passage of S-
580.
Example 1.--The end of the Applegate Route of the California
National Historic Trail is in Salem, Oregon near the State
House. Recognition of this route as also being the southern
route of the Oregon National Historic Trail can not be done
until: This study's authorization legislation is passed by
Congress; the study of this route justifies its addition; and
new enabling legislation is passed by a future Congress.
Meanwhile, outside the Oregon legislature, a California
National Historic Trail logo will remain on the end of the
trail marker and an Oregon National Historic Trail logo can not
be added.
Example 2.--The National Trails Center being built in Elko,
Nevada will interpret the Congressionally authorized California
and Pony Express National Historic Trails. The Southern route
of the Oregon National Historic Trail, which parallels the
California Trail in Nevada, will not be interpreted until after
its study is authorized by S-580 and a future Congress
authorizes its addition to the Oregon National Historic Trail.
The answers to these questions have been prepared by Gary Werner,
Executive Director of the Partnership for the National Trails System,
Bill and Jeanne Watson, Federal Trails Co-Liaisons, Oregon-California
Trails Association, and Kent Wimmer and Howard Pardue of the Florida
Trail Association. Mr. Werner lives in Madison, WI; the Watsons live in
Orinda, CA; Mr. Wimmer and Mr. Pardue live in Tallahassee, FL.
Appendix II
Additional Material Submitted for the Record
----------
Statement of Carl Taylor, Chairman, Coconino County Board
of Supervisors
s.722, the walnut canyon national monument study act of 2007
Chairman Akaka and members of the Senate National Parks
Subcommittee, as Chairman of the Coconino County Board of Supervisors,
I appreciate the opportunity to submit testimony on S. 722, the Walnut
Canyon National Monument Study Act of 2007. Coconino County would like
to extend our gratitude to the Committee, as well as Senators McCain
and Kyl, for their continued effort to move the Walnut Canyon National
Monument Study Act forward.
On behalf of Coconino County and the Flagstaff Community, I would
like to relay our strong support for the Walnut Canyon National
Monument Study Act. S. 722 will assist with continued planning efforts
in Coconino County and the area surrounding the Walnut Canyon National
Monument. We cannot overstate the importance to the Flagstaff community
of proper planning in the area of this unique monument.
S. 722, the Walnut Canyon National Monument Study Act, authorizes
the Secretary of the Interior and the Secretary of Agriculture to
jointly conduct a study of certain land adjacent to the Walnut Canyon
National Monument to evaluate the significance of the public uses and
resource values of land and to make a recommendation for the future
management of the area. The land referred to as the Study Area in the
legislation is comprised of approximately 31,000 acres and includes
Federal land, Arizona State Trust land, private land (which will not be
affected) and land within the Walnut Canyon National Monument, managed
by the National Park Service. All other non-private land within the
study area is managed by the United States Forest Service or the
Arizona State Land Department.
The Study Area surrounding the Walnut Canyon National Monument
contains important natural habitats, abundant and diverse flora and
fauna, and truly unique archeological, topographical, scenic and sacred
grounds full of tradition and culture. The distribution, diversity and
location of historic sites are unique and include the only cliff
dwelling architecture of the Northern Sinagua Native American culture.
Many contemporary tribes look at this area as the home of their
ancestors. The natural and cultural resources within the Monument are
known to be significant to these native tribes, as evidenced by oral
history, continuing practices and the archeological record. In
addition, land under management by the United States Forest Service
enjoys many valued public uses.
Due to widespread public interest and the diverse groups with
vested interests in the land surrounding the Walnut Canyon National
Monument, on February 12, 2002, Coconino County and the City of
Flagstaff conducted a joint meeting to discuss this issue. A ``staff
group'' was created and included staff from the National Park Service,
the United States Forest Service, the Arizona Game and Fish Department,
the City of Flagstaff and Coconino County.
Three public input meetings were scheduled in 2002 to provide the
public with agency introductions, resource information, known land
uses, alternative land designations and options. Upon conclusion of the
meetings there was a consensus that preservation within the Study Area
was in the public interest and current uses in the area should be
retained. However, an agreement was not reached on which agency is best
to manage this property and what the final boundary should look like.
Concurrently, a phone survey was conducted including residents of
the incorporated area of Flagstaff, as well as unincorporated areas of
Coconino County including Kachina, Mountainaire, Parks, Ft. Valley and
Doney Park. The results were remarkably similar to those of the public
input meetings with the vast majority of the participants supporting
continued preservation and a continuation of current uses. In addition,
hundreds of letters and calls from citizens were received for
consideration.
This public process, along with the team efforts of the staff
group, resulted in a joint resolution by the Coconino County Board of
Supervisors and the Flagstaff City Council on December 17, 2002. This
resolution is a result of the public's desire obtained through an open
process with citizen, federal, state and local participation to
determine the best manner in which to protect these lands and resources
in perpetuity, while allowing the continuation of current uses.
The study authorized by S. 722 will evaluate the significance of
the public values and resources of the Study Area as pertaining to the
management objectives of the Forest Service and the National Park
Service, opportunities for maintaining existing public uses and
recommend a range of options for best managing and conserving the same.
Ultimately, upon completion of the Study by an experienced third
party consultant, it is envisioned recommendations will be made through
collaboration between the Secretary of the Interior, the Secretary of
Agriculture, the Forest Supervisor of the Coconino National Forest, the
Superintendent of the Flagstaff Area National Monuments, the Flagstaff
City Council and the Coconino County Board of Supervisors.
Mr. Chairman and members of the Committee, on behalf of the
Flagstaff Community and the citizens of Coconino County, thank you for
your consideration of the Walnut Canyon National Monument Study Act of
2007. We look forward to your support for this important legislation.
______
Statement of Jason Begger, Vice President, Petroleum Association
of Wyoming
Mr. Chairman and members of the Subcommittee, my name is Jason
Begger and I am the Vice President of the Petroleum Association of
Wyoming (PAW), specializing in public land issues. PAW would like to
thank the Subcommittee on National Parks of the Committee on Energy and
Natural Resources for the opportunity to provide written comments
regarding Senate 169, which pertains to different aspects of historic
trail designations and willing sellers for certain trail segments in
the National Trail System.
PAW is Wyoming's oldest and largest trade organization, the members
of which account for over ninety percent of the natural gas and over
eighty percent of the crude oil produced in the State. PAW is
recognized as Wyoming's leading authority on petroleum industry issues
and is dedicated to the betterment of the state's oil and gas industry
and public welfare.
Last year, the oil and gas industry alone accounted for
approximately 63% of the assessed valuation of property in Wyoming. The
2000 Census reported that there are approximately 494,000 people living
in Wyoming. Including tax receipts and royalty revenue, this translates
into direct payment of nearly $4,800 for every Wyoming resident. The
mineral industry (oil, gas and mined minerals) provides over 65% of the
total education budget, and 70% of Wyoming's total annual budget. The
petroleum industry directly employs nearly 20,000 people with a payroll
of over $1 billion annually. If one concludes that there are three (3)
indirect jobs for every direct job, the result is 63,000 indirect jobs.
Combined, a total of 83,000 jobs are attributable to oil and gas
development in the state and. Using this calculation, the petroleum
industry directly and indirectly employ's 17% of the residents in the
State.
Wyoming is also the largest contributor to the federal onshore
minerals program with a submission of over $1.2 billion in fiscal year
2006 from rents, royalties, and bonus bids from oil and gas development
activity on public lands. Fifty percent (50%) of that total is
allocated back to the state. In Wyoming, as with many other western
states, access to public lands is critical for the very survival of the
state's economy, maintaining quality jobs, sustaining a reasonable tax
base and providing a revenue stream for state and local governments.
Wyoming also has the most miles of historic trails of any state in
the West. There are five (5) congressionally designated trails in
Wyoming. Those are the Nez Perce Trail, which runs through Yellowstone
National Park, and the Oregon, California, Mormon Pioneer, and Pony
Express Trails, which traverse east to west across central and southern
Wyoming.
The historical legacy, wide open spaces and recreational
opportunities within Wyoming are very important to all the citizens of
the state. The thousands of residents employed in the oil and gas
industry enjoy these scenic and cultural resources; and support the
preservation of these assets. PAW encourages efforts to enhance our
historical legacy and supports the National Trails System Willing
Seller Act (S. 169), subject to the following provisions:
The bill would allow the federal government to obtain
private property from willing sellers but would place
boundaries on the amount of land that may be purchased and
would prohibit the federal government from condemning private
property for the purpose of obtaining trail segments to manage
for public recreation.
The Act should be amended to require all acquisitions under
the Act to be subject to valid existing rights.
The management of congressionally designated trails and
trail segments has become more cumbersome over the years. The
surface management agencies have placed increasingly
restrictive measures in terms of disturbance of the actual
trails and protection of visual resources. This has only served
to create further barriers and restrictions for access to
public lands in Wyoming. PAW supports the protection of
historic trails as they are an important component of Wyoming's
history, and the history of the settlement of the West.
Protection of the trails, however, should not result in unnecessary
hardship on the landowner. To prevent this outcome, PAW believes the
Act should be revised to include a requirement that management of these
trail segments on private property should be restricted to ``a quarter
mile on either side of the trail or visual horizon, which ever is
less.'' This would be in keeping with the Act as currently drafted,
which limits the amount of land that may be acquired to a quarter mile.
In the absence of this revision, although only a quarter mile may be
obtained, the federal government may seek to extend its regulatory
reach far beyond the quarter mile. This should not be allowed. In
addition, the sale of property or the management of the private lands
must be subject to landowner approval but there must be a default
position in place to prevent the unnecessary expansion of protection.
Mr. Chairman and members of the Subcommittee, thank you again for
the opportunity to share with you our perspective regarding historical
trails in Wyoming.
______
Statement of Celina Montorfano, Vice President for Programs, American
Hiking Society
s. 169--national trails system willing seller act
Mr. Chairman and members of the subcommittee, American Hiking
Society is the only national nonprofit organization that promotes and
protects foot trails and the hiking experience. With a strong
membership base of individual hikers and hiking clubs, American Hiking
represents half a million outdoors people and serves as the voice of
the American hiker. American Hiking Society, our members and member
organizations, and the 75 million Americans who hike have a strong
interest and stake in the future of our National Trails System,
especially the national scenic trails included in S. 169, the National
Trails System Willing Seller Act. American Hiking Society strongly
supports S. 169 and urges the Subcommittee to recommend S. 169 for
passage in the Senate.
Willing seller land acquisition authority is critical to the
completion and protection of our National Trails System. Between 1978
and 1986, Congress designated nine national scenic and national
historic trails while prohibiting their managers from acquiring land
with federal funds to protect the trail corridors and historic trail
sites. S. 169 amends the National Trails System Act to give the
national scenic and historic trails that do not have federal land
acquisition authority the ability to buy land from willing sellers.
These trails are the Continental Divide, Ice Age, North Country and
Potomac Heritage National Scenic Trails and Oregon, Mormon Pioneer,
Lewis and Clark, Iditarod and Nez Perce National Historic Trails.
Enacting this authority will help protect critical resources along
these congressionally-designated trails. Without this authority, trail
managers' hands are tied when development threatens important links in
the natural landscapes or historic routes of the national trails. The
legislation would not commit the federal government to purchase any
land or to spend any money but would allow managers to purchase land to
protect the national trails as opportunities arise and as Congress
appropriates the necessary funds.
Willing seller authority will provide the following benefits:
Will Help Complete Critical Portions of the National Trails System
Willing seller land acquisition authority will enable federal
agencies to play an essential role in protecting resources and rights-
of-way critical to the integrity and continuity of the affected trails.
Congress' intent to provide opportunities for outdoor recreation and
appreciation and enjoyment of natural and historic resources may never
be fully achieved along these trails without the agencies' ability to
purchase land from willing sellers.
The four national scenic trails included in S. 169 have a combined
projected length of approximately 9,300 miles. Twenty-five years after
their authorization, only about 5,600 miles--slightly more than one-
half of their length--are protected so they will be permanently
available for public use and enjoyment. The routes of the Ice Age,
North Country and Potomac Heritage National Scenic Trails lie mostly
across private land in eastern and midwestern states. The Continental
Divide National Scenic Trail crosses mostly public land and is nearly
complete. Willing seller authority will have little to no impact on the
amount of land owned by the federal government in several western
states.
Without the ability to purchase permanent rights-of-way from
willing sellers, it is highly unlikely that these trails will ever be
the continuous pathways that Congress intended. In addition, willing
seller authority can allow sections of these trails now located on
roads to be moved to overland routes that will provide safer and better
conditions for hikers and other trail users.
Restores Basic Property Rights
S. 169 protects private property rights, as landowners along the
affected trails are currently denied the right to sell land to the
federal government if they desire to do so. Many landowners have
offered to sell their land to the federal government to maintain the
continuity of a national scenic trail. Individual families have
voluntarily protected many unique and special sites along the trails
for several generations. Granting willing seller authority will restore
basic property rights to many landowners.
The decision to sell land is made freely by the landowner. The bill
only authorizes land acquisition from willing-sellers. The owner must
want to sell his land, and he/she must want to sell it to the federal
government. Under the willing-seller bill, no contract is valid unless
the landowner receives compensation for the land, reflecting basic
contract law. S. 169 would not affect the rights of landowners adjacent
to the trails or within the trails' viewsheds.
Restores the Ability of Federal Agencies to Fully Administer the
National Trails
S. 169 restore a critical tool to the federal agencies that
administer the national trails. The National Trails System Act (NTSA)
authorizes the administering agencies to collaborate with other federal
agencies, state and local governments and private organizations in
planning, developing and managing the trails; develop uniform standards
for marking, interpreting and constructing the trails; regulate their
use; and provide grants and technical assistance to cooperating
agencies and organizations. The NTSA provides for these and other
authorities to be applied consistently throughout the National Trails
System; however, land acquisition authority--an essential means for
protecting the resources and continuity that form the basis for these
trails--has been applied inconsistently. This hinders effective
administration of significant portions of the National Trails System.
Willing seller land acquisition authority for the National Trails
System is nothing new. Congress authorized two trails before 1978 and
14 trails since 1983 with federal land acquisition authority, including
the newest additions to the National Trails System--the Old Spanish
National Historic Trail authorized in 2002 and Captain John Smith
Chesapeake National Historic Trail authorized in 2006.
S. 169 restores the ability of the federal agencies to carry out
their responsibilities under the NTSA to protect nationally significant
components of our nation's cultural, natural, and recreational
heritage. One of the fundamental responsibilities given to the federal
agencies is to protect the trails' important cultural and natural
resources and to provide public access to and travel within them.
Absence of willing-seller authority prevents the agencies from directly
protecting resources along the affected trails.
Provides Reasonable Conservation Opportunities
Willing seller land acquisition authority and subsequent
appropriations from the Land and Water Conservation Fund (LWCF) will
enable the federal agencies to respond to conservation opportunities
presented by willing landowners. The need and opportunity to use this
authority will arise at different times for different trails. For some,
the authority may not be used for many years or only infrequently. For
others the need for this authority is more acute and is likely to be
used as soon as Congress makes it available.
With willing seller authority, as provided by S. 169, federal
agencies will only be able to buy land from willing sellers if Congress
appropriates the funds for them to do so. Ultimate control over how
much land may be purchased for the national scenic and historic trails
remains with Congress through the annual appropriation process.
Acquisitions will also be controlled by the limited funding available
for acquisitions combined with the linear nature of these trails.
However, if the administering agency can only protect a segment of
trail corridor by acquiring a whole parcel larger than needed for the
corridor, the NTSA allows agencies to exchange or dispose of land
acquired as part of a whole tract that falls outside the area the area
of trail acquisition.
Benefits of Trails
Our National Trails System provides invaluable environmental,
recreational, economic, health, and transportation benefits to the
nation. These trails offer family oriented recreation in a safe
environment. By increasing physical activity, trail use such as
walking/hiking reduces the risk of life-threatening diseases such as
heart disease, diabetes, cancer and other serious medical conditions.
The national scenic and historic trails provide economic vitality to
communities, increasing property values and enhancing regional tourism.
They also offer significant educational value as outdoor classrooms for
natural and cultural history. Without willing seller land acquisition
authority for these trails, our nation will lose irreplaceable and
invaluable resources and experiences.
conclusion
American Hiking Society is very grateful to Senators Allard and
Levin for introducing S. 169. Willing seller bills have received
bipartisan support, are generally considered noncontroversial, and are
critical to the protection and completion of the National Trails
System. We urge the National Parks Subcommittee to recommend these
bills for a Senate vote as soon as possible. American Hiking
appreciates the opportunity to provide these comments in support of S.
169 for the hearing record. Thank you for your consideration.
______
Statement of John Franklin McCabe, Chairman, The Marion Park Project, a
Committee of The Palmetto Conservation Foundation
S. 312 and H.R. 497--The Brigadier General Francis Marion Monument
Act of 2007: 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.
Chairman Akaka and distinguished members of the Committee, thank
you for inviting me here today to speak on behalf of S. 312, the
Brigadier General Francis Marion Memorial Act of 2007. My name is John
F. McCabe and I am the Chairman of the Marion Park Project, a Committee
of the Palmetto Conservation Foundation in Columbia, South Carolina.
As memorial sponsor, we are pleased to honor one of the great
Heroes of the American Revolution, General Francis Marion. On June 28,
1776, Carolina Day, the first major success of for the Revolutionary
Forces drove the British Fleet under Sir Peter Parker from the city of
Charles Town, South Carolina, at the Battle of Sullivan's Island,
sending the Redcoats all the way back to New York, not to return for
over three years. The unit responsible was The Second South Carolina
Continentals under Gen. William Moultrie, including his able staff
officer, Francis Marion.
Convinced that South Carolina was mostly loyal to the Crown, the
British returned to the South to prosecute their Southern Strategy.
With the City of New York under British occupation, stalemating with
George Washington's army following the Battle of Monmouth in 1779, the
idea was to capture the Southern Colonies using British Regulars and
local Loyalist Militias, starting with Savannah, Georgia, and working
their way to Virginia, thus executing a giant pincer tactic on
Washington's Army, resulting in crushing the Rebellion.
First, Savannah fell, then Charleston under General Benjamin
Lincoln losing 5,000 Continental troops, then Camden under General
Horatio Gates dispersing Continentals and Militias to the swamps and
wilderness of Backcountry South Carolina. Things were going well for
the British's Southern Strategy.
Francis Marion, known as ``The Swamp Fox,'' was born in Berkeley
County, South Carolina, in 1732 to Huguenot parents. Even though he was
a commissioned officer in The Continental Army, he was assigned to lead
a local militia, or irregular fighters, in the back- and low-country
swamps of South Carolina fighting British Troops under Lord Cornwallis.
He is generally credited as the introducing his guerilla warfare hit
and run tactics into the American Army, and is considered to be The
Father of Special Forces.
Following the liberation of Charleston in 1776, most Carolinians
went back to their homes to farm in peace. When the winds of war
returned to the South in 1779, the regiment was recalled and formed in
Charleston to defend the city against an eventual British siege. Then
Lt. Col Francis Marion with others led an unsuccessful attempt to drive
the British from Savannah. After returning to Charleston, the Regiment
began building the defenses of the City. In March of 1780, legend has
it that a party for Continental Officers was being thrown on Tradd
Street in Charleston. The revelers overindulged, prompting Col. Marion
to jump from a second story window to escape. He broke his ankle in the
fall and was evacuated from the City. Charleston then fell to the
British two months later, with the 5,000 Continental troops captured.
Meanwhile, the Continentals under General Horatio Gates, the hero of
Saratoga, moved south to attack Cornwallis' army at Camden. In August
of 1780, the Americans were soundly defeated, with the entire force
killed, captured, or dispersed into the woods and swamps. That left
only one Commissioned Continental Officer in the Southern Department
free to command: Lt. Colonel Francis Marion.
Marion's orders were to harass the supply lines of the British
moving goods and weapons from Charleston and Georgetown to their
outposts inland, especially Camden. This would buy time for General
Nathanael Greene, Daniel Morgan and Light Horse Harry Lee to move south
with their army and relieve Gates in the Carolinas. Two particular
spots along the routes were the ferries at Santee and Black Rivers.
Marion's band of rag-tag militia would strike quickly at these two
``choke points'' and retreat into the swamps. Famed British Colonel
Banastre Tarleton was sent to capture him, but was unsuccessful. After
a skirmish at Ox Swamp at Jack's Creek, where Marion and his band had
struck and vanished into the swamp, Col. Tarleton exclaimed, ``as to
this damned old fox, the devil himself could not catch him.'' The name
``Swamp Fox'' stuck.
Promoted to Brigadier General in the South Carolina Militia,
Francis Marion's legend spread quickly and his success inspired the
populace. South Carolina in the Revolution was truly divided. Yet when
the British attempted to crush the rebellion with an iron hand, hanging
anyone suspected of being a rebel, burning their homes and salting
their fields, as well as issuing an order that any former patriot on
parole who does not take up arms against the remaining Americans will
be hanged, many South Carolinians decided to fight with Marion and the
other partisan generals in South Carolina. Marion was non-
discriminatory. His band consisted of whites and blacks, rich and poor,
free and slave, as well as friendly Native Americans. He was considered
fair and kind. Because of this, he led what is considered to be the
first integrated fighting force in United States Army history. With all
this support and loyalty belonging to the Americans, the British
Southern Strategy, which had depended on Loyalists rallying to the
Crown which never materialized, began to crumble. Defeats at King's
Mountain, Cowpens, and the draw at Guilford Courthouse sent a weakened
Lord Cornwallis to his Waterloo at Yorktown. Without that broken ankle
sending Francis Marion to command the Williamsburg Militia, many
historians feel that the British Plan would have succeeded.
Although Marion was a commissioned officer in the Continental Army,
he led a local militia. Living in the swamps and forests, subsisting on
sweet potatoes and vinegar, performing his exploits, all the while
fighting in his own backyard. He represents the citizen soldier,
defending his home and his rights. He inspired the everyday citizen to
bear arms against oppression, and in the process was instrumental in
the survival of the Fledgling United States of America.
In today's environment, our Armed Forces are all volunteer, the
same as in Marion's day. The idea that an individual decision to join
and defend, making a difference in the country's future, is as
inspiring today as it was 226 years ago. 29 cities and 17 counties have
been named for General Marion (second only to General Washington). A
four year liberal arts state university, a National Forest, countless
babies, one of two biographies by the famous Parson M.L. Weems (the
other being General Washington which included the felled cherry tree
incident), a William Cullen Bryant epic poem, a full length motion
picture ``The Patriot'' starring and directed by Mel Gibson, a Disney
series in 1959-60 starring Leslie Nielsen as The Swamp Fox and hosted
by Walt Disney himself are all modern day evidence of the popularity of
Marion. Militarily, as reported by United States Marine and journalist
W. Thomas Smith, Jr., in his online column entitled Washington Monument
for this Damned Old Fox, ``[h]e is in fact, the father of U.S. Army
Special Forces . . . Marion is a member of the U.S. Army Ranger Hall of
Fame. Both the U.S. Navy and Coast Guard have named ships after Marion,
one of which was designed to land U.S. Marines. Even military pilots
claim the lineage, including the ``swamp foxes'' of the Army's Vietnam-
era 199th Recon Airplane Company; the Navy's current 44th Helicopter
Anti-Submarine Squadron (Light), based at Mayport Naval Station,
Florida; and the famous 157th Fighter Squadron of the S.C. Air National
Guard. Currently flying F-16 fighters, the 157th has fought in numerous
conflicts and overseas expeditions--including Iraq during Gulf War I
and over Afghanistan in the current global war on terror--where the
jets are easily recognizable by the gray `swamp fox' emblazoned on the
fuselage.''
These are real and true tributes to a real American Hero, and we
ask that National Recognition for General Marion be granted with a
monument in Our Nation's Capital.
On April 17th, 2007, I traveled to Washington, DC, to meet with
several of the neighbors around Marion Park on Capitol Hill. Many were
concerned about the process and their involvement in the installation
of a memorial in Marion Park. The meeting went very well, was attended
by 30 or so interested neighbors, National Park Service
representatives, Congressional staffers and others.
The process was outlined for everyone, including what S. 312
actually does: it simply authorizes that General Marion warrants
memorialization somewhere in the District of Columbia for his
historical significance.
After this bill is passed, a joint effort between the Marion Park
Project, the local residents, the Advisory Neighborhood Commission, the
National Park Service, as well as other governing agencies and bodies,
will begin the process of site selection, design, fundraising and
installation. We also look forward to helping in improvements to the
park, but S. 312 does not address that issue. Our committee, however,
looks forward to working to the improvements to the park as much as the
memorial and have pledge full cooperation with all involved.
As S. 312 states, no federal funds will be used for the erection of
the memorial.
Thank you again for your valuable time and consideration. Your
service to our country and her citizens is greatly appreciated.
Thanks go out as well to all of the Congressional and Committee
Staffs who have worked so diligently in moving this legislation
forward. Also, the National Park Service and the various Commissions
charged with the process deserve our deepest gratitude. Thanks as well
to the interested residents of Capitol Hill who have been so kind and
generous in this endeavor.