[Senate Report 105-403]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 620
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-403
_______________________________________________________________________


 
                      GEORGE WASHINGTON BIRTHPLACE

                                _______
                                

 October 10 (legislative day, October 2), 1998.--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. 2086]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2086) to revise the boundaries of the 
George Washington Birthplace National Monument, 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. ADDITION TO NATIONAL MONUMENT.

    (a) Addition.--The boundaries of the George Washington Birthplace 
National Monument are modified to include the property generally known 
as George Washington's Boyhood Home, Ferry Farm, located in Stafford 
County, Virginia, across the Rappahannock River from Fredericksburg, 
Virginia, comprising approximately 85 acres. The boundary modification 
is generally depicted on the map entitled ``George Washington 
Birthplace National Monument Boundary Map'', numbered 322/80,020 and 
dated April 1998. The Secretary of the Interior shall keep the map on 
file and available for public inspection in appropriate offices of the 
National Park Service.
    (b) Acquisition of Easement.--After the enactment of this Act, the 
Secretary of the Interior may acquire a conservation easement for the 
property described in subsection (a) to ensure the preservation of this 
important cultural and natural resources associated with Ferry Farm.

SEC. 2. RESOURCE STUDY.

    (a) In General.--Not later than 18 months after the date on which 
funds are made available to carry out this section, 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 property described in section 
1(a).
    (b) Contents.--The study under subsection (a) shall--
          (1) identify the full range of resources and historic themes 
        associated with Ferry Farm, including those associated with 
        George Washington's tenure at the property described in section 
        1(a) and those associated with the Civil War period;
          (2) identify alternatives for further National Park Service 
        involvement at the property described in section 1(a) beyond 
        those that may be provided for in the acquisition authorized 
        under section 1(b); and
          (3) include cost estimates for any necessary acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives identified.

SEC. 3. AGREEMENTS.

    Upon completion of the resource study under section 2, the 
Secretary of the Interior may enter into agreements with the owner of 
the property described in section 1(a) or other entities for the 
purpose of providing programs, services, facilities, or technical 
assistance that further the preservation and public use of the 
property.

                         PURPOSE OF THE MEASURE

    The purpose of S. 2086, as ordered reported, is to 
authorize the Secretary of the Interior to expand the boundary 
of the George Washington Birthplace National Monument in 
Virginia to include approximately 85 acres, generally known as 
George Washington's Ferry Farm.

                          Background and Need

    The Ferry Farm, located in Stafford County, Virginia, is 
the childhood home of George Washington. George Washington was 
born at Pope's Creek, Virginia where he lived until he was 
three. The family then moved to Little Hunting Creek, onto a 
property later known as Mount Vernon. In 1738, when George was 
six, his family moved to Ferry Farm where he lived until 1754. 
Many of the cherished stories about George Washington are 
thought to have taken place at the Ferry Farm site.
    The Ferry Farm consists of approximately 85 acres of mostly 
undeveloped land located on the east side of the Rappahannock 
River opposite the city of Fredericksburg. The site contains 
remnants of the Washington house and outbuildings.
    In 1996, Kenmore Plantation and Gardens, a nonprofit 
organization, purchased the property for $2.2 million to save 
the site from development. S. 2086 would adjust the boundaries 
of George Washington Birthplace National Monument to include 
the 85 acre site known as George Washington's Ferry Farm.

                          Legislative History

    S. 2086 was introduced by Senators Warner and Robb on May 
15, 1998 and referred to the Committee on Energy and Natural 
Resources. Since the bill's introduction Senators Torricelli, 
Helms, Graham, Cochran, Roth, and Cleland have been added as 
cosponsors. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 2086 on 
September 17, 1998.
    At its business meeting on September 24, 1998, the 
Committee on Energy and Natural Resources ordered S. 2086 
favorably reported, as amended.

                        Committee Recommendation

    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. 
2086, if amended as described herein.

                          Committee Amendment

    During the consideration of S. 2086, the Committee adopted 
an amendment in the nature of a substitute, which authorizes 
the Secretary of the Interior to expand the boundaries of 
George Washington Birthplace National Monument to include 
George Washington's boyhood, Ferry Farm. The Secretary may 
purchase a conservation easement for the property to ensure the 
preservation of the resources associated with the site.
    In addition, the amendment directs the Secretary of the 
Interior to complete a resource study of the Ferry Farm 
property identifying alternatives for further National Park 
Service involvement including cost estimates for these 
alternatives. The Secretary will then present the findings to 
Congress. The amendment is explained in detail below.

                      Section-by-Section Analysis

    Section 1 expands the boundary of the George Washington 
Birthplace National Monument to include the area comprising 
approximately 85 acres, generally known as George Washington's 
Ferry Farm, in Stafford County, Virginia, and located across 
the Rappahannock River from Fredericksburg, Virginia, as 
generally depicted on the map entitled George Washington 
Birthplace National Monument Boundary Map, numbered 322/80020 
and dated April 1998. The Secretary of the Interior will keep 
the map on file and available to the public.
    Subsection (b) authorizes the Secretary of the Interior to 
purchase a conservation easement for the Ferry Farm property to 
ensure the preservation of the cultural and natural resources 
associated with the site.
    Section 2 directs the Secretary of the Interior, within 18 
months after the date of enactment, to complete a resource 
study and transmit it to Congress. The resource study will 
identify historical themes identified with Ferry Farm and 
George Washington's tenure at the property; alternatives for 
further National Park Service involvement; and cost estimates 
for any acquisition, development, operations, and maintenance 
associated with the alternatives.
    Section 3 authorizes the Secretary of the Interior to enter 
into agreements with the owner of the property or other 
entities for the purpose of providingprograms, services, 
facilities, or technical assistance that further the preservation of 
the property.

                   cost and budgetary considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advise of the Senate.

                      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. 2086. 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. 2086, 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. 2086. These 
reports had not been received at the time the report on S. 2086 
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 present the 
views of the National Park Service on S. 2086, a bill to modify 
the boundaries of George Washington Birthplace National 
Monument. S. 2086 would modify the boundaries of the George 
Washington National Monument to include Ferry Farm, the site of 
Washington's boyhood home, insuring the preservation of its 
cultural and natural resources as well as their interpretation. 
The Department supports the bill if amended as proposed in this 
testimony.
    The bill is intended to protect the site of George 
Washington's boyhood home, known as Ferry Farm, located on the 
Rappahannock River across from Fredericksburg, Virginia. It is 
one of only three domestic properties associated with 
Washington. Washington lived here from the age of 6 until he 
was 19, when he moved to Mount Vernon.
    Mr. Chairman, the Congress and the nation are concerned 
about the potential loss of the resources of Ferry Farm. 
Attempts to protect and preserve Ferry Farm date back to the 
1920's. In the past, the National Park Service objected to 
assuming management of Ferry Farm due to the lack of standing 
structures at the site. Recently new information has become 
known indicating the significance of Ferry Farm's 
archaeological resources. The National Park Service, however, 
has not had the opportunity or the resources to conduct a 
special resources study of the site, our official evaluation 
necessary to recommend a site for inclusion as a unit of the 
National Park System. The National park Service has also 
objected to assuming the burden of additional operation costs 
at this site, and cannot say, without further study, whether a 
park operation at the site is feasible. Therefore, we recommend 
first that the National Park Service be authorized and funded 
to conduct a special resource study of Ferry Farm. Second we 
recommend that the National Park Service be authorized to 
acquire a conversation easement on the Ferry Farm property. 
Until completion of the study, the acquisition of a 
conservation easement by the National Park Service would 
provide sufficient protection from the current threats to the 
property: road widening and development. Acquisition of a 
conservation easement would also assist the owners of Ferry 
Farm, Kenmore Association, Inc., in completing its purchase of 
Ferry Farm, thus insuring its long-term protection.
    Ferry Farm is an archaeological site. In accordance with a 
survey, actually conducted by George Washington himself, the 
tract is the 85-acre historic core of mostly undeveloped land 
of what was once a 600-acre farm. The northern end of the tract 
contains the site of the Washington home and outbuildings. 
Immediately north of the home site is an 18th Century road cut 
that leads down to and includes one of the historic ferry 
crossings into Fredericksburg. Valuable flood plains and upland 
fields are remaining elements of this rural-agricultural site.
    In 1991 a panel of leading archaeologists was organized to 
select and guide archaeological investigation of the property. 
Investigations were conducted at the site believed to be the 
location of the Washington House. The remains of a horse 
destroyed by fire were located.
    Below the destruction level it was largely intact and dated 
no later than 1770 and no earlier than 1730. Washington family 
correspondence seems to offer proof that the fire actually 
occurred on Christmas Eve of 1740. The Washington family was in 
residence at the time. Highly significant material dating to 
the Washington occupancy was revealed, including the cellar and 
its contents, which the National Park Service archaeologist who 
served on the panel considered ``of National Historic 
Landmark''--or nationally significant--quality.
    Although the history related to George Washington is the 
primary significance of the site, it has significance to the 
Civil War as well. Last year further study at the site raised 
exciting hopes for additional archaeological finds when it was 
learned that in 1871 the Corps of Engineers deposited fill 
along Ferry Farm's riverfront. Archaeologist Gary Norman 
working at the site reported ``the implications are astounding 
* * * it is possible we can find the preserved remains of the 
Feery Landing and that every thing thrown into the river at 
Ferry Farm prior to 1871 might still be buried in the meadow. 
(There is) even the remote possibility of finding remains of 
one of the ships wrecked by the Confederates in the river'' 
during the Civil War.
    During the Civil War pontoon bridges were twice constructed 
across the Rappahannock at the site's old ferry crossing during 
the two battles of Fredericksburg. Letters from soldiers 
crossing here indicate their awareness of Ferry Farms 
association with the founder of the Nation and the myths of the 
boy who ``could not tell a lie'' and the young man who could 
throw a coin across the river. National Park Service 
researchers involved at the site were impressed by the powerful 
interpretive setting created by the combination of these two 
sets of material resources. National Park Service Archaeologist 
Dr. David G. Orr noted that ``the fact that Washington's 
boyhood home witnessed the fraternal strife and horrific acts 
of civil violence less than a century after the creation of the 
Republic'' testifies eloquently to the struggles necessary to 
form and protect our Nation.
    The National Park Service also recognizes the upcoming 
bicentennial of George Washington's death in 1999, as an 
important historical event for our nation. The ensuing 
celebration of his life and its essential importance to the 
creation of this nation mirrors the 1932 bicentennial of his 
birth which resulted in the creation of George Washington 
Birthplace National Monument, the first historical park in the 
eastern United States associated with the National Park System. 
In recognition of the 1999 celebration of George Washington's 
life we feel it is appropriate to support and assist the 
preservation of the Ferry Farm.
    Mr. Chairman, Ferry Farm has been a frequent target for 
development. Although the site was purchased by a foundation 
seeking to protect Ferry Farm, all the funds necessary to 
secure protection of the site have not been obtained. There is 
an additional threat of a taking in the near future for the 
purposes of widening the roads bordering the site. We 
understand that the protection of Ferry Farm is being brought 
before the Congress now in an effort to secure the funds needed 
for protection while preventing a potential taking for road 
construction.
    The NPS has previously objected to assuming operational 
costs at this site, and the largest remaining gap in our 
information is that we have no basis for determining if a park 
operation here is feasible. The acquisition of an easement only 
would protect the resources from development, avoid National 
Park Service management and operations, and provide the 
opportunity to provide sufficient funding to complete the 
purchase by the foundation. Upon completion of the special 
resources study we would be in a better position to comment on 
the feasibility of more extensive National Park Service 
management responsibilities.
    We will be happy to work with the Committee to prepare 
amendatory language to address our concerns. This completes my 
remarks, I will be happy to answer any questions the Committee 
may have on this matter.

                        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. 2086, as ordered 
reported.