[Congressional Record Volume 153, Number 118 (Monday, July 23, 2007)]
[House]
[Pages H8191-H8193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL ACT

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1388) to amend the National Trails System Act to designate 
the Star-Spangled Banner Trail in the States of Maryland and Virginia 
and the District of Columbia as a National Historic Trail, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1388

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Star-Spangled Banner 
     National Historic Trail Act''.

     SEC. 2. AUTHORIZATION AND ADMINISTRATION OF TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(__) Star-spangled banner national historic trail.--
       ``(A) In general.--The Star-Spangled Banner National 
     Historic Trail, a trail consisting of water and overland 
     routes totaling approximately 290 miles, extending from 
     Tangier Island, Virginia, through southern Maryland, the 
     District of Columbia, and northern Virginia, in the 
     Chesapeake Bay, Patuxent River, Potomac River, and north to 
     the Patapsco River, and Baltimore, Maryland, commemorating 
     the Chesapeake Campaign of the War of 1812 (including the 
     British invasion of Washington, District of Columbia, and its 
     associated feints, and the Battle of Baltimore in summer 
     1814), as generally depicted on the map titled `Star-Spangled 
     Banner National Historic Trail', numbered T02/80,000, and 
     dated June 2007.
       ``(B) Map.--The map referred to in subparagraph (A) shall 
     be maintained on file and available for public inspection in 
     the appropriate offices of the National Park Service.
       ``(C) Administration.--Subject to subparagraph (E)(ii), the 
     trail shall be administered by the Secretary of the Interior.
       ``(D) Land acquisition.--No land or interest in land 
     outside the exterior boundaries of any federally administered 
     area may be acquired by the United States for the trail 
     except with the consent of the owner of the land or interest 
     in land.
       ``(E) Public participation.--The Secretary of the Interior 
     shall--
       ``(i) encourage communities, owners of land along the 
     trail, and volunteer trail groups to participate in the 
     planning, development, and maintenance of the trail; and
       ``(ii) consult with other affected landowners and Federal, 
     State, and local agencies in the administration of the trail.
       ``(F) Interpretation and assistance.--Subject to the 
     availability of appropriations, the Secretary of the Interior 
     may provide, to State and local governments and nonprofit 
     organizations, interpretive programs and services and 
     technical assistance for use in--
       ``(i) carrying out preservation and development of the 
     trail; and
       ``(ii) providing education relating to the War of 1812 
     along the trail.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentlewoman from Washington (Mrs. 
McMorris Rodgers) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1388 would designate the Star-Spangled Banner Trail 
in Maryland, Virginia, and the District of Columbia as a National 
Historic Trail to commemorate the events of the Chesapeake campaign 
during the War of 1812. The bill was introduced by my colleague on the 
Natural Resources Committee, Mr. Sarbanes of Maryland, who is a valued 
member of our National Parks, Forests and Public Lands Subcommittee.
  The Star-Spangled Banner National Historic Trail designated by H.R. 
1388 would follow the historic routes used by British and American 
troops during the war. The National Park Service supports this 
designation, as do an impressive array of State and local governments 
and numerous private organizations.
  Mr. Speaker, as the bicentennial of the War of 1812 approaches, this 
historic trail will help Americans retrace some of the crucial events 
of a war that fashioned our Nation's character. Mr. Sarbanes has done 
great work on this measure, and I urge my colleagues to support the 
bipartisan legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I yield myself such time as I may 
consume.
  We cannot support H.R. 1388 for a number of reasons. To start, a more 
apt description of this bill is the ``Trail With No Beginning or End.'' 
It sprawls over a 200-mile radius, has countless possible routes, and 
isn't even continuous. How can the public possibly support a trail when 
the National Park Service doesn't even know where the trail is? The 
American people deserve transparency in the legislation we create.
  More importantly, if this legislation were to become law along with 
Chairman Rahall's Energy Policy Reform and Revitalization Act, the 
outcome would be devastating to people living within 100 miles of this 
Chamber. Section 103 of that bill, which could be debated on the floor 
next week, prevents desperately needed energy corridors from being 
designated within 1 mile of historic areas such as this proposed 
Federal trail. Edison Electric Institute, whose members represent 67 
percent of all electric customers nationwide, recently submitted a 
statement to the Natural Resources Committee. It states: ``New and 
arbitrary siting restrictions established by section 103 of H.R. 2337 . 
. . could have negative impacts far beyond the effects envisioned by 
many proponents of such designations.'' It clearly lays out the 
ramifications of the majority's unsound energy policy coupled with 
Federal designations such as this proposed trail.
  At this point, I will include this statement in the Congressional 
Record.

[[Page H8192]]

Statement of the Edison Electric Institute With Respect To Legislation 
            To Designate Several New National Heritage Areas

       The Edison Electric Institute (EEl) appreciates the 
     opportunity to provide comments with respect to proposed 
     legislation to designate additional National Heritage Areas 
     for inclusion in the record of the July 12 hearing. EEI 
     appreciates the importance of such designations for 
     encouraging tourism and expanding opportunities for Americans 
     to learn about and experience the richness of American 
     history. In making such designations, we believe it is 
     important for Congress to assure that these designations do 
     not become an automatic impediment to the siting of 
     infrastructure necessary to provide essential services that 
     are critical to American consumers and a productive and 
     competitive American economy. Towards that end, EEI would be 
     pleased to work with the Committee to develop language that 
     would address the concern.
       EEI is the association of U.S. shareholder-owned electric 
     companies. Our members serve 92% of the ultimate customers in 
     the shareholder-owned segment of the industry and represent 
     approximately 67% of all electric utility customers 
     nationwide. As such, EEI's member companies are charged with 
     assuring that Americans continue to receive reliable, 
     reasonably-priced electricity. Fulfilling this responsibility 
     requires a robust electricity transmission grid. Yet, recent 
     long term reliability assessments of the grid by the North 
     American Electric Reliability Corporation (NERC) and the 
     August 2006 congestion study by the Department of Energy 
     (DOE) confirm that additional transmission capacity is 
     necessary. Our growing economy, expanding population, 
     increasing use of efficient electric technologies, and demand 
     for renewable and clean coal generation resources require 
     expansion of the transmission grid.
       As proposals to designate National Heritage Areas have 
     increased and the geographic areas proposed for inclusion in 
     the heritage areas have expanded to include hundreds of 
     square miles comprising major portions of states throughout 
     the country, EEI believes that it is important for Congress 
     to address the potential conflict between these designations 
     and the equally important responsibility to assure that the 
     most basic and critical infrastructure needs of localities, 
     regions and the nation can be met. Under the best of 
     circumstances, electric transmission and other infrastructure 
     facilities are extraordinarily difficult to site, can take 
     many years to complete, and necessarily involve a balancing 
     of interests. The length of time it takes to site the 
     facilities does not come without a cost. For example, already 
     some of our largest population centers are experiencing 
     significantly higher electricity costs because of a congested 
     electricity grid. Siting complications also affect the cost 
     of capital and overall project costs--costs that are 
     ultimately born by the electricity consumer.
       Legislation proposing National Heritage Area designations 
     generally leave this potential conflict unaddressed or allow 
     the unelected private management boards of each heritage area 
     to decide what would be considered an adverse impact on the 
     heritage area. Thus we are concerned that heritage 
     designations could be used to block the siting of needed 
     infrastructure.
       Of related concern, the House Committee on Natural 
     Resources recently reported H.R. 2337, ``The Energy Policy 
     Reform and Revitalization Act of 2007.'' Section 103 of that 
     bill would halt current federal agency reviews of areas 
     suitable for energy transmission corridors across federal 
     land, and it would establishing as a principle that rights-
     of-way for energy facilities cannot be sited ``within one 
     mile of any [area] designated or otherwise identified by 
     State or Federal law or any applicable Federal or State land 
     use plan for recognition or protection of scenic, natural, 
     cultural, or historic resources. . . .'' The Secretaries of 
     Agriculture, Commerce, Energy, Defense, and Interior would be 
     required to complete and regularly update a study in which 
     these protected areas are identified and made off limits, and 
     use of that study is made mandatory when right-of-way 
     decisions are made.
       EEI is deeply concerned that Section 103 will halt recent 
     progress underway to plan for new energy facilities that will 
     be needed to transmit electricity to American consumers where 
     that goal cannot be accomplished without crossing federal 
     land. We believe that planning for such facilities is the 
     best way to assure that the facilities can be accommodated in 
     a way that is compatible with the other significant values 
     for which federal land is managed.
       Furthermore, because of the new and arbitrary siting 
     restrictions established by Section 103 of H.R. 2337, if it 
     were enacted into law, heritage area designations covering 
     large areas could have negative impacts far beyond the 
     effects envisioned by many proponents of such designations. 
     For example, there are regions of this country in which 
     currently proposed heritage area designations, in light of 
     Section 103, would make it impossible to import electricity 
     produced from renewable energy resources and clean coal 
     facilities to urban population centers where such power is in 
     demand. Yet, geographic, population, zoning, environmental, 
     and other constraints make it virtually impossible to locate 
     new generating facilities to meet local demand in these urban 
     areas.
       EEI firmly believes that, given the projected 
     vulnerabilities in the nation's electricity grid that have 
     been identified for the next five to fifteen years, the 
     Congress should not--as it does in Section 103--be 
     establishing new and arbitrary barriers to the siting or 
     upgrading of transmission facilities.
       Given the importance of electric transmission and other 
     infrastructure to serve our nation, while also recognizing 
     the value of National Heritage Area designations to local and 
     state economies and historic preservation, we strongly urge 
     the Subcommittee and Congress to resolve the potential for 
     conflict between the benefits of such designations and the 
     need for basic, critical infrastructure.

  H.R. 1388, coupled with the Democrats' ``No Energy Policy'' bill, has 
the effect of leaving millions of people across the United States in 
the dark. I urge my colleagues to oppose the bill.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1215

  Mr. GRIJALVA. Mr. Speaker, at this time I yield such time as he may 
consume to the sponsor of the legislation, my colleague from the 
Natural Resources Committee, Representative John Sarbanes.
  Mr. SARBANES. I thank my colleague for yielding his time.
  Mr. Speaker, I rise to ask for my colleagues' support of the Star-
Spangled Banner National Historic Trail Act.
  At the outset, I would like to thank Chairman Grijalva and Chairman 
Rahall for their support of this bill all through the process.
  This legislation is the product of thorough study and planning by 
interested parties such as the Park Service; local jurisdictions in 
Maryland, Virginia and the District of Columbia; and historians and 
experts on the War of 1812.
  There are too many to mention here, but over several years these 
individuals have been dedicated advocates for creating the Star-
Spangled Banner Trail. This legislation represents the culmination of 
their efforts and hard work.
  With the bicentennial of the War of 1812 fast approaching us, now is 
the time to pass the legislation and begin the process of implementing 
the Star-Spangled Banner Trail, which will measurably enhance the 
celebration of one of the seminal moments in American history.
  The Star-Spangled Banner Trail, through the Park Service at the Fort 
McHenry National Monument and Shrine, would commemorate the routes used 
by the British and Americans during the 1812 Chesapeake Campaign of the 
War of 1812.
  The trail, which, in fact, is quite clearly demarcated, would begin 
with the June 1814 battles between the British Navy and the American 
Chesapeake Flotilla in St. Leonard's Creek in Calvert County, Maryland, 
and end at Fort McHenry, where Francis Scott Key composed our national 
anthem as he witnessed the Battle of Baltimore and the British met 
their ultimate defeat. It would also mark the British invasion of 
Washington, D.C., the burning of the Capitol and the White House, and 
other battles in between.
  Mr. Speaker, this legislation has special meaning for me because of 
the time I spent growing up in Baltimore and the long relationship my 
family has had with the centerpiece of the trail, Fort McHenry. On 
countless occasions, I've enjoyed the fort's history, its vistas of the 
Chesapeake Bay, and the surrounding wetlands. I highly recommend that 
Members visit the site themselves.
  Many refer to the War of 1812 as the ``second war of independence.'' 
When the war began, our fragile experiment in democracy was still in 
its early stages, and the Nation found itself under attack from one of 
the most powerful countries in the world. Many wondered whether a 
democracy could hold together through the trials of war. The War of 
1812 proved that it could, and set the stage for the spread of 
democracy around the world.
  I urge my colleagues to support the bill. And I yield my time back, 
again, with many thanks to Chairman Grijalva for his strong support.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I yield back the balance of my 
time.
  Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr.

[[Page H8193]]

Grijalva) that the House suspend the rules and pass the bill, H.R. 
1388, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________