[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.