[Congressional Record (Bound Edition), Volume 153 (2007), Part 14]
[House]
[Pages 20037-20039]
[From the U.S. 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.

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,

[[Page 20038]]

     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, DC, 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.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 1388, the Star-Spangled Banner National Historic Trail Act. 
This bill aims to amend the National Trails System Act to designate the 
Star-Spangled Banner Trail in the States of Maryland and Virginia, as 
well as through the District of Columbia.
  I would first like to begin by commending my distinguished colleague 
and the representative of Maryland's 3rd Congressional District, 
Congressman John P. Sarbanes on his work with this very important piece 
of legislation. As with most national historic trails, its purpose and 
significance must be examined for its unique characteristics. I applaud 
the gentleman for his work in aiming to protect and preserve our 
Nation's trails.
  A national historic trail is an extended trail that follows routes of 
travel that are typically of historic and national significance. The 
Star-Spangled Banner National Historic Trail consists of water and 
overland routes totaling appropriately 290 miles extending from 
southern Maryland through the District of Columbia and Virginia, and 
north of Baltimore, Maryland, commemorating the Chesapeake Campaign of 
the War of 1812, as generally depicted on the maps.
  A national historic trail ought to be significant with respect to 
several facets of American history, ranging from trade and commerce, 
exploration, migration and settlement,

[[Page 20039]]

or military campaigns and must have significant potential for public 
recreational or historic use. The trail ought to be continuous and 
might include land, water or marked highway segments. The Star-Spangled 
Banner National Historic Trail land routes would follow existing public 
roads, along which British and American troops traveled.
  Mr. Speaker, this bill would mandate the administration of this trail 
by the Secretary of the Interior. The Secretary ought to encourage 
public participation by communities, owners of land along the trail, 
and volunteer trail groups with the administering, planning, 
development and maintenance of the trail. Any land or interest in land 
outside the exterior boundaries of any federally administered area 
would be prohibited, unless with prior consent from the owner of the 
land or interest in land. It would be the responsibility of the 
Secretary to authorize and provide interpretive programs and services, 
and technical assistance to State and local government and non-profit 
organizations.
  Mr. Speaker, the primary focus of this initiative has been providing 
conservation and enjoyment of, public access to, and interpretation of 
the historic route and its resources. Historians and regional trail 
groups have recognized the importance of the untold stories and legacy 
of the events of the Chesapeake Campaign and the need for protection 
and interpretation of related historical resources.
  H.R. 1388 commemorates the events leading up to the writing of ``The 
Star-Spangled Banner'' during the Chesapeake Campaign of the War of 
1812. Along these trails are the bedrock of many events of historical 
significance--British invasion of Maryland, the Battle of Bladensburg, 
the burning of the White House, the Capitol and Washington Navy Yard, 
as well as the Battle for Baltimore (1814). The route of the invasion 
is known and documented, and the proposed trail would follow it as 
closely as possible.
  Mr. Speaker, I rise today in strong support, as well as to encourage 
my colleagues to join Representative Sarbanes in amending the National 
Trails Systems 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. Visitors to this region ought to enjoy the 
opportunity to envision and experience this great piece of American 
history- the heritage and struggles that ensued during the War of 1812. 
The Star-Spangled Banner National Historic Trail Act would give 
recognition to the patriots whose determination to stand firm against 
enemy invasion and bombardment preserved this liberty for future 
generations of Americans.
  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. 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.

                          ____________________