[Senate Report 105-385]
[From the U.S. Government Publishing Office]
Calendar No. 637
105th Congress Report
SENATE
2d Session 105-385
_______________________________________________________________________
VALLEY FORGE NATIONAL HISTORICAL PARK
_______
October 9 (legislative day, October 2), 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowoki, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2401]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2401) to authorize the addition of the
Paoli Battlefield site in Malvern, Pennsylvania, to Valley
Forge National Historical Park, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. STUDY.
(a) In General.--Not later than 18 months after the date on which
funds are made available for the purpose, the Secretary of the Interior
shall submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives a
resource study of the Paoli Battlefield Site and the Brandywine
Battlefield Site in Pennsylvania.
(b) Contents.--The study under subsection (a) shall--
(1) identify the full range of resources and historic themes
associated with the battlefields and their relationship to the
American Revolutionary War and the Valley Forge National
Historical Park;
(2) identify alternatives for National Park Service
involvement at the sites and include cost estimates for any
necessary acquisition, development, interpretation, operation,
and maintenance associated with the alternatives identified.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
purpose of the measure
The purpose of S. 2401, as reported, is to authorize the
Secretary of the Interior to conduct a resource study of the
Paoli Battlefield site and the Brandywine Battlefield site in
Pennsylvania for inclusion as a unit of the National Park
System.
background and need
In September of 1777, the British force of over 18,000
invaded Pennsylvania with the intent of capturing the city of
Philadelphia. General George Washington ordered Anthony Wayne's
brigade of approximately 2,000 soldiers to go behind the
British lines and harass its supply train. Wayne delayed for
two days at Paoli in Mavern, Pennsylvania, only to be surprised
on the night of September 20 by a bayonet attack from a highly
professional British force of about 1200. The attack resulted
in the death of at least 53 Americans, over 150 wounded, and 71
captured. Local farmers buried the American dead at the edge of
the Paoli battlefield, where their graves remain today.
The Paoli Battlefield is privately owned by the Malvern
Preparatory School (School). The School intends to sell the 40
acre parcel in order to strengthen its endowment, but school
officials agreed to give the community a chance to purchase the
land for historical preservation purposes.
legislative history
S. 2401 was introduced July 31, 1998 by Senator Specter and
referred to the Committee on Energy and Natural Resources. The
Subcommittee on National Parks, Historic Preservation, and
Recreation held a hearing on S. 2401 on September 17, 1998.
At its business meeting on September 24, 1998, the
Committee on Energy and Natural Resources ordered S. 2401,
favorably reported, as amended.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on September 24, 1998, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2401, as amended described herein.
committee amendment
During the consideration of S. 2401, the Committee adopted
an amendment in the nature of a substitute, which authorizes
the Secretary of the Interior to conduct a study of the Paoli
Battlefield site and the Brandywine Battlefield site for
inclusion in the National Park System. As introduced, S. 2401
would have authorized the addition of the Paoli Battlefield
without the necessary studies having been completed.
The study will identify the resources and the historic
themes associated with the battlefields and their relationship
to the American Revolutionary War and the Valley Forge National
Historical Park. The study will also identify alternatives for
the National Park Service involvement in the sites and the
associated cost estimates for acquisition, development,
interpretation, operation and maintenance for each alternative.
The amendment authorizes appropriations necessary to carry out
this Act.
summary of s. 2401
S. 2401 authorizes the Secretary of the Interior to conduct
a resource study of the Paoli Battlefield site and the
Brandywine Battlefield site in Pennsylvania for inclusion in
the National Park System. The study will identify alternatives
for the National Park Service involvement in the sites and the
associated costs. S. 2401 authorizes appropriations necessary
to carry out this Act.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 1, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy, and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2401, a bill to
authorize the addition of the Paoli Battlefield site in
Malvern, Pennsylvania, to the Valley Forge National Historical
Park, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
Enclosure.
congressional budget office cost estimate
S. 2401--A bill to authorize the addition of the Paoli Battlefield site
in Malvern, Pennsylvania, to the Valley Forge National
Historical Park
S. 2401 would direct the National Park Service (NPS) to
conduct a resource study of the Paoli Battlefield site and the
Brandywine Battlefield site in Pennsylvania. The study would
identify resources and historic themes of the battlefields and
their relationship to the American Revolutionary War. It also
would consider alternatives for NPS involvement at the sites
and include related cost estimates. The bill would require the
NPS to submit a report of its findings to the Congress within
18 months of receiving funding for the study.
Based on information obtained from the NPS, CBO estimates
that implementing S. 2401 would cost the federal government
less than $100,000 in fiscal year 1999, assuming the
availability of appropriated funds. The bill would not affect
direct spending or receipts; therefore, pay-as-you-go-
procedures would not apply. S. 2401 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The 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. 2401. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 2401, as ordered reported.
executive communications
On September 3, 1998, 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. 2401. These
reports had not been received at the time the report on S. 2401
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 Destry Jarvis, Assistant Director for External Affairs,
National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to testify on
S. 2401, a bill to authorize the addition of the Paoli
Battlefield site in Malvern, Pennsylvania, to the Valley Forge
National Historical Park, and for other purposes.
This bill would add the Paoli Battlefield, by map
reference, to Valley Forge National Historical Park and would
authorize the Battlefield to be managed by the Borough of
Malvern through cooperative agreement between the Secretary of
the Interior and the Borough. Further, the bill would authorize
an appropriation of up to $2,500,000 for acquisition of the
battlefield, provided that $1,000,000 of non-federal funds are
available as a match.
Mr. Chairman, we would support federal assistance for the
protection and non-federal management of threatened battlefield
sites related to Valley Forge as outlined below. However, we
oppose the addition of Paoli Battlefield to the National Park
System. The site has not been the subject of any study by the
National Park Service to determine its significance,
suitability and feasibility for inclusion in the National Park
System. Neither has the site been the subject of a National
Historic Landmark nomination or designation.
In September of 1777, the British, boasting a force of over
18,000, invaded Pennsylvania with the intent of capturing the
American capital city of Philadelphia. In the major Battle of
Brandywine, General George Washington with an army of 12,500
was defeated. A week later, Washington ordered Anthony Wayne's
brigade of approximately 2,000 to get behind the British and
harass its supply train. Wayne delayed for two days at Paoli,
only to be surprised on the night of September 20 by a bayonet
attack of a highly professional, but much smaller, British
force of about 1,200. The result was a rout, and the death of
at least 53 Americans, over 150 wounded and 71 captured. Local
farmers had to bury the American dead at the edge of the Paoli
battlefield, where they remain today.
American fortune never seemed lower. The British under
General Cornwallis entered Philadelphia on the 26th. On a
subsequent initiative at Germantown to retake the city,
Washington was again defeated. In December, Washington led his
defeated Army to Valley Forge for the famous winter of 1777-
1778, and the rebuilding of the Continental Army. This is an
important story, and these sites should not be lost.
Both Brandywine and Paoli battlefield sites are threatened
by development in the rapidly growing suburban country outside
Philadelphia. The threat to these sites is made more acute by
the knowledge that the integrity of the Germantown battlefield
has long since been destroyed. The National Park Service has
been aware of efforts to protect both the Brandywine and Paoli
battlefields by patriotic and preservation organizations, and
by the Commonwealth of Pennsylvania, by Chester County, and by
the Borough of Malvern. Although much of Brandywine is lost,
only headquarters structures are preserved, not the battlefield
itself, and conservation efforts have focused on the
Meetinghouse Road Corridor, a 472-acre area of intense battle
activity. The entire Paoli site is intact, and in its original
use as a cornfield.
The National Park Service has conducted no Special Resource
Study to determine the significance, suitability and
feasibility of the addition of these battlefields to the
National Park System. However, unlike Paoli, Brandywine
Battlefield is determined to be nationally significant as a
National Historic Landmark. Much of Paoli's significance
derives from Brandywine. Priorities would be confused to lose
one and save the other.
Incorporating Paoli into Valley Forge National Historical
Park appears to be a means to authorize federal land
acquisition funding. We have understood that the Borough of
Malvern has agreed to hold and manage the 40-acre Paoli site,
and the Commonwealth of Pennsylvania would hold the key 77.2-
acre ``Spackman'' parcel of the Brandywine battlefield as the
Battle of the Brandywine Historic Park. For the lands adjacent
to this parcel within the Meetinghouse Road Corridor, the
Brandywine Conservancy is seeking to acquire and hold
conservation easements over 296 acres.
Chester County estimates the cost of the Paoli site to be
$2,500,000, and the Brandywine parcel's appraised valuation to
be $3,300,000. Finally, the Brandywine Conservancy, a private
conservation organization, estimates the value of the easements
to be approximately $3,000,000.
Given the absence of any existing suitability study on
these parcels and the fact that timing is frequently important
to prevent the possibility of further degradation and
development, it does not appear necessary for either
battlefield to be incorporated into the National Park System to
help preserve them. In full view of the circumstances at Paoli
and Brandywine, and the availability of willing non-federal
managers, one option would be an authorization of up to 50% of
the funds necessary for the acquisition and protection of the
Brandywine and Paoli Battlefields by, respectively, the
Commonwealth of Pennsylvania and the Brandywine Conservancy,
and by the Borough of Malvern. We believe the patriotic and
preservation organizations involved and the state and local
governments would strongly respond to this incentive by raising
the additional funds necessary to protect these battlefields.
Any land acquisition funding request would be subject to
Administration priorities and budgetary constraints.
To improve public appreciation and understanding of the
battles for Philadelphia and the winter in Valley Forge, the
National Park Service and Valley Forge National Historical Park
would welcome the opportunity to participate through technical
assistance in the cooperative development of interpretive
trails and brochures linking Brandywine, Paoli, and Valley
Forge.
Through a partnership as described above, the Congress
could make an important contribution to the protection of an
important part of our heritage. We would be happy to work with
the Committee to draft amendatory language to address our
concerns. This concludes my prepared statement.
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. 2401, as ordered
reported.