[Senate Report 105-38]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 96
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-38
_______________________________________________________________________


 
                              GUNSTON HALL

                                _______
                                

                 June 26, 1997.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 423]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 423) to extend the legislative authority 
for the Board of Regents of Gunston Hall to establish a 
memorial to honor George Mason, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                         purpose of the measure

    The purpose of S. 423 is to extend the legislative 
authority for the Board of Regents of Gunston Hall to establish 
a memorial honoring George Mason, for 3 additional years, 
through August 10, 2000.

                          background and need

    Gunston Hall, Virginia, is the historical home of George 
Mason and is managed by a Board of Regents (Board). Under 
current legislation, the Board is authorized to work with the 
National Park Service and other agencies to establish and 
construct a monument to George Mason. The monument is to be 
situated near the Jefferson Memorial in Washington, D.C. The 
existing authority for establishment of the monument expires 
August 10, 1997.
    In 1990, Congress enacted Public Law 101-358, which 
authorized the Board of Regents of Gunston Hall to establish a 
memorial to George Mason. Gunston Hall, located in Virginia, is 
the historical home of George Mason, the author of Virginia's 
1776 ``Declaration of Rights,'' and an active participant in 
the Constitutional Convention.
    Section 8 of the Commemorative Works Act (Public Law 99-
652) requires the Secretary of the Interior, prior to issuing a 
construction permit for a memorial or monument, to make a 
determination that: (1) the location and design of the memorial 
have been approved by the Secretary, the National Capital 
Planning Commission, and the Commission on Fine Arts; and (2) 
that the organization authorized to construct the memorial has 
raised the necessary funds to complete construction, along with 
an additional 10 percent to be used for a maintenance endowment 
fund.
    In 1992, the Secretary approved a proposal to locate the 
memorial in the ``monumental core area'' defined in the 
Commemorative Works Act, and Congress ratified the location in 
Public Law 102-277. The memorial, which will be known as the 
``George Mason Memorial Garden,'' will be located between Ohio 
Drive and the George Mason Memorial Bridge, overlooking the 
Tidal Basin.
    Section 10(b) of the Commemorative Works Act provides that 
the legislative authority to construct a memorial shall expire 
7 years after the date the memorial was authorized. S. 423 
would extend the legislative authority for the George Mason 
memorial for an additional 3 years, through August 10, 2000.
    The memorial will be called the George Mason Memorial 
Garden and will be located between Ohio Drive and the George 
Mason Memorial Bridge. It will overlook the Tidal Basin and 
occupy approximately 100,000 square feet in an area currently 
known as the Pansey Garden--very near the new Roosevelt 
Memorial. The Board is committed to raising the approximately 
$1million necessary to complete the monument. The National Park 
Service will maintain the monument upon completion, although the 
maintenance costs will be paid by the maintenance endowment fund.

                          legislative history

    S. 423 was introduced by Senators Robb and Warner on March 
12, 1997. The subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on the bill on May 
21, 1997. At the business meeting on June 11, 1997, the 
Committee on Energy and Natural Resources ordered S. 423 
favorably reported without amendment.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on June 12, 1997, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 423 without 
amendment.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns*
Mr. Bumpers
Mr. Ford
Mr. Bingaman*
Mr. Akaka*
Mr. Dorgan*
Mr. Graham*
Mr. Wyden
Mr. Johnson*
Ms. Landrieu

    *Indicates voted by proxy.

                           summary of s. 423

    S. 423 extends the legislative authority for the Board of 
Regents of Gunston Hall to establish a memorial to George 
Mason. The extension would run until August 10, 2000 and would 
supersede the previous authorized deadline of August 10, 1997.

                   cost and budgetary considerations

    The following cost estimate for this measure has been 
provided by the Congressional Budget Office.

               congressional budget office cost estimate

S. 423--A bill to extend the legislative authority for the Board of 
        Regents of Gunston Hall to establish a memorial to honor George 
        Mason

    CBO estimates that enacting of S. 423 would have no effect 
on the federal budget. Because the bill would not affect direct 
spending or receipts, pay-as-you go procedures would not apply. 
S. 423 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act of 1995 and 
would have no impact on the budgets of state, local, or tribal 
governments.
    S. 423 would extend until August 10, 2000, the authority to 
establish a memorial to George Mason, the author of the 
Virginia Declaration of Rights. The extension would give the 
Board of Regents of Gunston Hall (the site's sponsor) an 
additional three years to obtain the necessary financing for 
the project. Under current law, authority to construct the site 
will expire on August 10, 1997. Because the prospective 
memorial is to be established with nonfederal funds, there 
would be no impact on the federal budget from extending the 
authority to establish it.
    The CBO contact for this estimate is Deborah Reis. This 
estimate was approved by Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 423. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 423, as ordered reported.

                        executive communications

    On May 21, 1997, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 423. These reports 
had not been received at the time the report on S. 423 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony of the Department of 
the Interior at the Subcommittee hearing follows:

  Statement of Kate Stevenson, Associate Director, Cultural Resource 
Stewardship and Partnerships, National Park Service, Department of the 
                                Interior

    Mr. Chairman, I appreciate the opportunity to appear before 
your committee to provide the views of the Department of the 
Interior on S. 423, a bill to extend the legislative authority 
for the Board of Regents of Gunston Hall to establish a 
memorial to honor George Mason.
    We support the extension of the legislative authorities for 
the George Mason Memorial. S. 423 would grant a three-year 
extension for the George Mason Memorial to be established by 
the Board of Regents of Gunston Hall.


                         george mason memorial


    In 1990, P.L. 101-358 authorized the Board of Regents of 
Gunston Hall to establish a memorial to George Mason, author of 
the Virginia Bill of Rights, who is widely recognized for his 
role in events surrounding the drafting of the U.S. 
Constitution and its first ten amendments, the Bill of Rights. 
The memorial will be built on Federal land in the District of 
Columbia near the span of the 14th Street Bridge, which was 
named in his honor, and across the Tidal Basin from the 
memorial to his renowned colleague and compatriot, President 
Thomas Jefferson


                        commemorative works act


    We would like to take this opportunity to address the need 
to amend the Commemorative Works Act as it deals with the 
sunset clause.
    Establishing a sunset clause for memorial projects has been 
a requirement of the Congress for more than 100 years. Sunset 
periods were traditionally set for periods of duration between 
3 and 7 years. Amending the sunset clause of the Commemorative 
Works Act would aid the Congress in its consideration of 
individual extensions for memorial authorities. In 1994 three 
memorial groups sought extensions of their individual 
authorizations, and the Commemorative Works Act was amended.
    The bills before you are the result of economic, 
procedural, or organizational situations that are not uncommon 
to the sixteen authorized groups who have been involved in the 
standardized requirements for constructing memorials on 
Federal, open-space property managed by the National Park 
Service.
    Six organizations completed their projects within their 
legislative authorities. A seventh organization, formed to 
construct The Memorial to Women in Military Service for 
America, began construction within its individually extended 
ten-year timeframe. Between 1992 and 1997, six organizations 
have been developing memorial projects under the seven-year 
authorization provision.
    Granting individual extensions of time to memorial 
organizations at varying stages in the process and for 
different time periods has led to confusion and inconsistency. 
Such decisions are disruptive to an orderly process and the 
public's understanding of the organization's need for donations 
to support these projects.
    Each group seeking to erect a memorial conducts a planning 
process to identify and receive approvals for its site and a 
design process of creation, development, and approval. They 
must establish financial targets and fundraising programs and 
develop construction documents and contracting commitments. All 
these actions are necessary to bring a memorial to the point of 
construction within seven years.
    Once a group has an approved site for a proposed memorial, 
the National Park Service reserves that location only for that 
memorial during the Congressionally authorized period. The 
first legislative authorities established under the 
Commemorative Works Act began to expire in 1993. While these 
sites might have been ideal for memorials authorized in later 
years, the National Park Service has not been free to offer 
them for consideration or study.
    We feel the Commemorative Works Act should provide a 
methodology for evaluating and granting extensions of 
legislative authorities. We feel the Act should be examined to 
determine standards or criteria to be added to the Act to aid 
the Congress in evaluating future legislative proposals. We 
respectfully offer that a review by the National Capital 
Memorial Commission with regard to these points, similar to the 
reports requested by the Committee in its consideration of the 
1991 and 1994 amendments to the Act, may be useful in future 
consideration of memorial authorities. The Commission is 
prepared to meet this summer to review the Act. Based on that 
review, the Administration may then propose draft legislation 
to amend the Act, including a possible amendment to address the 
issue of legislatively mandated time requirements.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you may have.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 423 as ordered reported.