[House Report 106-139]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-139

======================================================================



 
                              PATRIOT ACT

                                _______
                                

  May 13, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 659]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 659) to authorize appropriations for the protection of 
Paoli and Brandywine Battlefields in Pennsylvania, to direct 
the National Park Service to conduct a special resource study 
of Paoli and Brandywine Battlefields, to authorize the Valley 
Forge Museum of the American Revolution at Valley Forge 
National Historical Park, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend 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. SHORT TITLE.

  This Act may be cited as the ``Protect America's Treasures of the 
Revolution for Independence for Our Tomorrow Act'' or the ``PATRIOT 
Act''.

               TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS

SEC. 101. PAOLI BATTLEFIELD PROTECTION.

  (a) Paoli Battlefield.--The Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') is authorized to provide funds to the 
borough of Malvern, Pennsylvania, for the acquisition of the area known 
as the ``Paoli Battlefield'', located in the borough of Malvern, 
Pennsylvania, as generally depicted on the map entitled``Paoli 
Battlefield'' numbered 80,000 and dated April 1999 (referred to in this 
title as the ``Paoli Battlefield''). The map shall be on file in the 
appropriate offices of the National Park Service.
  (b) Cooperative Agreement and Technical Assistance.--The Secretary 
shall enter into a cooperative agreement with the borough of Malvern, 
Pennsylvania, for the management by the borough of the Paoli 
Battlefield. The Secretary may provide technical assistance to the 
borough of Malvern to assure the preservation and interpretation of the 
battlefield's resources.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated $1,250,000 to carry out this section. Such funds shall be 
expended in the ratio of $1 of Federal funds for each dollar of funds 
contributed by non-Federal sources. Any funds provided by the Secretary 
shall be subject to an agreement that provides for the protection of 
the land's resources.

SEC. 102. BRANDYWINE BATTLEFIELD PROTECTION.

  (a) Brandywine Battlefield.--
          (1) In general.--The Secretary is authorized to provide funds 
        to the Commonwealth of Pennsylvania, a political subdivision of 
        the Commonwealth, or the Brandywine Conservancy, for the 
        acquisition, protection, and preservation of land in an area 
        generally known as the Meetinghouse Road Corridor, located in 
        Chester County, Pennsylvania, as depicted on a map entitled 
        ``Brandywine Battlefield--Meetinghouse Road Corridor'', 
        numbered 80,000 and dated April 1999 (referred to in this title 
        as the ``Brandywine Battlefield''). The map shall be on file in 
        the appropriate offices of the National Park Service.
          (2) Willing sellers or donors.--Interests in land shall be 
        acquired pursuant to this section only from willing sellers or 
        donors.
  (b) Cooperative Agreement and Technical Assistance.--The Secretary 
shall enter into a cooperative agreement with the same entity that is 
provided funds under subsection (a) for the management by the entity of 
the Brandywine Battlefield. The Secretary may also provide technical 
assistance to the entity to assure the preservation and interpretation 
of the battlefield's resources.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated $3,000,000 to carry out this section. Such funds shall be 
expended in the ratio of $1 of Federal funds for each dollar of funds 
contributed by non-Federal sources. Any funds provided by the Secretary 
shall be subject to an agreement that provides for the protection of 
the land's resources.

SEC. 103. STUDY OF BATTLEFIELDS.

  (a) In General.--Not later than 18 months after the date on which 
funds are made available to carry out this section, the Secretary 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 sections 101 and 102.
  (b) Contents.--The study shall--
          (1) identify the full range of resources and historic themes 
        associated with the Paoli Battlefield and the Brandywine 
        Battlefield, including their relationship to the American 
        Revolutionary War and the Valley Forge National Historical 
        Park; and
          (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.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

            TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Valley Forge Museum of the American 
Revolution Act of 1999''.

SEC. 202. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds the following:
          (1) Valley Forge National Historical Park, formerly a State 
        park, was established as a unit of the National Park System in 
        1976. The National Park Service acquired various lands and 
        structures associated with the park, including a visitor 
        center, from the Commonwealth of Pennsylvania.
          (2) Valley Forge National Historical Park maintains an 
        extensive collection of artifacts, books, and other documents 
        associated with the Continental Army's winter encampment of 
        1777-1778 at Valley Forge, Revolutionary War-era artifacts of 
        military life, important archaeological resources, and numerous 
        structures and associated artifacts.
          (3) Between 1982 and 1997 the National Park Service completed 
        a general management plan, long-range interpretive plan, and 
        strategic business plan for Valley Forge National Historical 
        Park that establish goals and priorities for management of the 
        park.
          (4) These plans identify inadequacies in the park's current 
        visitor center and interpretive programs. The plans call for 
        the development of a new or significantly renovated visitor 
        center that would make the collection accessible to the public 
        through exhibits and research facilities. Plans also call for 
        improving the interpretation of the landscape and improving the 
        circulation into and through the park.
          (5) The Valley Forge Historical Society was established in 
        1918 as a nonprofit organization to preserve and interpret for 
        future generations the significant history and artifacts of the 
        American Revolution in their historic setting at Valley Forge. 
        The Valley Forge Historical Society has amassed valuable 
        holdings of artifacts, art, books, and other documents relating 
        to the 1777-1778 encampment of Washington's Continental Army at 
        Valley Forge, the American Revolution, and the American 
        colonial era. The Society continues to pursue additional 
        important collections through bequests, exchanges, and 
        acquisitions.
          (6) The Society's collection is currently housed in a 
        facility inadequate to properly maintain, preserve, and display 
        their ever-growing collection. The Society is interested in 
        developing an up-to-date museum and education facility.
          (7) The Society and the National Park Service have discussed 
        the idea of a joint museum and education and visitor facility. 
        Such a collaborative project would directly support the 
        historical, educational, and interpretive activities and needs 
        of Valley Forge National Historical Park and those of the 
        Valley Forge Historical Society. A joint facility would combine 
        2 outstanding museum collections and provide an enhanced 
        experience at Valley Forge for visitors, scholars, and 
        researchers.
          (8) The Society has proposed to raise funds to construct a 
        new museum and education and visitor center on park property at 
        Valley Forge National Historical Park that would be planned, 
        developed, and operated jointly with Valley Forge National 
        Historical Park.
  (b) Purpose.--The purpose of this title is to authorize the Secretary 
of the Interior to enter into an agreement with the Valley Forge 
Historical Society to construct and operate a museum within the 
boundary of Valley Forge National Historical Park in cooperation with 
the Secretary.

SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION.

  (a) Agreement Authorized.--The Secretary of the Interior, in 
administering the Valley Forge National Historical Park, is authorized 
to enter into an agreement under appropriate terms and conditions with 
the Valley Forge Historical Society to facilitate the planning, 
construction, and operation of the Valley Forge Museum of the American 
Revolution on Federal land within the boundary of Valley Forge National 
Historical Park.
  (b) Contents and Implementation of Agreement.--An agreement entered 
into under subsection (a) shall--
          (1) authorize the Society to develop and operate the museum 
        pursuant to plans developed by the Secretary and to provide at 
        the museum appropriate and necessary programs and services to 
        visitors to Valley Forge National Historical Park, related to 
        the story of Valley Forge and the American Revolution;
          (2) only be carried out in a manner consistent with the 
        General Management Plan and other plans for the preservation 
        and interpretation of the resources and values of Valley Forge 
        National Historical Park;
          (3) authorize the Secretary to undertake at the museum 
        activities related to the management of Valley Forge National 
        Historical Park, including, but not limited to, provision of 
        appropriate visitor information and interpretive facilities and 
        programs related to Valley Forge National Historical Park;
          (4) authorize the Society, acting as a private nonprofit 
        organization, to engage in activities appropriate for operation 
        of a museum that may include, but are not limited to, charging 
        appropriate fees, conducting events, and selling merchandise, 
        tickets, and food to visitors to the museum;
          (5) provide that the Society's revenues from the museum's 
        facilities and services shall be used to offset the expenses of 
        the museum's operation; and
          (6) authorize the Society to occupy the structure(s) so 
        constructed for the term specified in the Agreement and subject 
        to the following terms and conditions:
                  (A) The conveyance by the Society to the United 
                States of America of all right, title, and interest in 
                the structure(s) to be constructed at Valley Forge 
                National Historical Park.
                  (B) The Society's right to occupy and use the 
                structure(s) shall be for the exhibition, preservation, 
                and interpretation of artifacts associated with the 
                Valley Forge story and the American Revolution, to 
                enhance the visitor experience of Valley Forge National 
                Historical Park, and to conduct appropriately related 
                activities of the Society consistent with its mission 
                and with the purposes for which the Valley Forge 
                National Historical Park was established. Such right 
                shall not be transferred or conveyed without the 
                express consent of the Secretary.
                  (C) Any other terms and conditions as may be 
                determined by the Secretary.

SEC. 204. PRESERVATION AND PROTECTION.

  Nothing in this Act shall authorize the Secretary or the Society to 
take any actions in derogation of the preservation and protection of 
the values and resources of Valley Forge National Historical Park. An 
agreement entered into under section 203 shall be construed and 
implemented in light of the high public value and integrity of the 
Valley Forge National Historical Park and the National Park System.

                          PURPOSE OF THE BILL

    The purpose of H.R. 659 is to authorize appropriations for 
the protection of Paoli and Brandywine Battlefields in 
Pennsylvania, to direct the National Park Service to conduct a 
special resource study of Paoli and Brandywine Battlefields, 
and to authorize the Valley Forge Museum of the American 
Revolution at Valley Forge National Historical Park.

                  BACKGROUND AND NEED FOR LEGISLATION

    Both the Paoli and Brandywine battles in Pennsylvania 
played a significant role in the American Revolutionary War. 
Near to one another and to Valley Forge, both battles took 
place in September of 1777 when 18,000 British troops invaded 
Pennsylvania with the intention of capturing Philadelphia. The 
Battle of Brandywine was fought between British and American 
troops commanded by Generals William Howe and George 
Washington, respectively. This battle was the largest land 
battle of the Revolutionary War and one of the few times that 
both senior generals commanding their respective armies engaged 
in battle. Paoli entailed a rear guard action by ``Mad'' 
Anthony Wayne's brigade in which he was overrun by British 
troops. Even though most of his forces were able to escape, 
over 50 American soldiers had been killed and another 150 were 
severely wounded. This became a rallying cry for Colonial 
troops and led historians to refer to this battle as ``The 
Paoli Massacre.'' Soon after these military engagements, the 
Colonial troops made camp at Valley Forge, Pennsylvania, and 
spent the famous winter of 1777-1778 there.
    H.R. 659 is comprised of two titles. Title I authorizes 
appropriations for the protection of both the Paoli and 
Brandywine Battlefields in Pennsylvania. This bill also directs 
the National Park Service to conduct a special resource study 
of the Paoli and Brandywine Battlefields. The studies are being 
conducted after the acquisitions because the owners of 
properties desire to put them on the open real estate market; 
thus, it is necessary to purchase them beforehand. The resource 
studies for the two battlefields will be completed not later 
than 18 months after funds are made available. Appropriations 
for the Paoli and Brandywine Battlefields will be no more than 
$1.25 million and $3.0 million respectively. The Committee 
emphasizes that the monies appropriated for both of these 
battlefields will only be used for the protection of the park, 
its resources, and its acquisition and are to be spent per 
agreement with the Secretary of the Interior. Furthermore, the 
appropriations must be matched dollar for dollar by non-Federal 
sources. Title I also directs the Secretary of the Interior to 
enter into cooperative agreements with appropriate entities for 
the management of each of the battlefields and to provide 
technical assistance.
    Title II authorizes the establishment of Valley Forge 
Museum of the American Revolution at Valley Forge National 
Historical Park, Pennsylvania, by authorizing the Secretary of 
the Interior to enter into an agreement with the Valley Forge 
Historical Society. The agreement requires that the Society 
will construct and operate a Revolutionary War museum within 
the boundaries of the Valley Forge National Historical Park. 
After the museum has been built, all right, title, and interest 
in the structure(s) would be conveyed to the federal 
government. However, the Society would continue to operate the 
facility. The Society is also authorized to charge fees, 
conduct events, and sell food and merchandise to museum 
visitors to raise revenue for its operation. In no case, 
however, will any action or activity be taken in derogation of 
the preservation and protection of the values and resources of 
the Historical Park.

                            COMMITTEE ACTION

    H. R. 659 was introduced on February 9, 1999, by 
Congressman Curt Weldon (R-PA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On March 11, 
1999, the Subcommittee held a hearing on H.R. 659 where 
Katherine Stevenson, Associate Director of Cultural Resources 
Stewardship and Partnerships, testified in favor of the bill. 
On March 18, 1999, the Subcommittee met to consider the bill. 
An amendment in the nature of a substitute was offered by 
Congressman James V. Hansen (R-UT) and adopted by voice vote. 
The bill was then ordered favorably reported to the Full 
Resource Committee by voice vote. On April 28, 1999, the Full 
Resource Committee met to consider H.R. 659. No further 
amendments were offered and the bill, as amended, was ordered 
favorably reported to the House of Representatives by voice 
vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings.--Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 7, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 659, the PATRIOT 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 659--PATRIOT Act

    Assuming appropriation of the authorized and estimated 
amounts, CBO estimates that implementing H.R. 659 would cost 
the federal government about $5 million over the next five 
years. H.R. 659 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    Title I would authorize the National Park Service (NPS) to 
provide funds to Malvern, Pennsylvania, and the commonwealth of 
Pennsylvania so that these entities would be able to purchase 
the Paoli Battlefield and a portion of the Brandywine 
Battlefield. For these purposes, title I would authorize the 
appropriation of $4.25 million. In addition, the title would 
authorize the appropriation of whatever sums are necessary for 
a resource study of the acquired areas, which the NPS would 
have to complete within 18 months of receiving funding.
    Title II would authorize the NPS to execute an agreement 
with the Valley Forge National Historical Society under which 
the society would construct a museum within the boundaries of 
the Valley Forge National Historical Park. This title would 
authorize the NPS to provide visitor information and 
interpretive facilities and programs at the museum. Although 
the museum would be owned by the federal government, the 
society would operate and maintain it with revenues it collects 
from fees and sales of merchandise.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the NPS would spend $4.5 million over the next 
two years to finance the acquisition of the battlefield 
properties and complete the required resource study. We 
estimate that the agency would spend an additional $0.5 million 
to $1 million to execute the agreement with the Valley Forge 
National Historical Society and provide interpretive materials 
for the museum. These estimates are based on information 
provided by the NPS.
    H.R. 659 contains on intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Pennsylvania and some local governments might incur some costs 
as a result of the bill's enactment, but these costs would be 
voluntary. The bill would require that federal funds provided 
for land acquisition be matched with equal amounts of 
nonfederal funds, some or all of which might be provided by the 
commonwealth of Pennsylvania and local governments in that 
state. Further, these governments could choose to manage these 
properties under cooperative agreements with the National Park 
Service. This bill would have no other significant impact on 
the budgets of state, local, or tribal governments.
    The CBO staff contacts are Deborah Reis (for federal costs) 
and Marjorie Miller (for the state and local impact). This 
estimate was approved by Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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