[Senate Report 107-267]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 584
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-267
======================================================================
 
             GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT

                                _______
                                

               September 11, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1943]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1943) to expand the boundary of the 
George Washington Birthplace National Monument, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    On page 2, strike lines 4 through 15 and insert the 
following:

    ``The Secretary of the Interior (in this Act referred to as 
the `Secretary') is authorized to acquire the lands, or 
interests therein, referenced in section 1 by purchase, 
donation, or exchange, except that lands or interests therein 
may be acquired only with the consent of the owner thereof.

``SEC. 3. ADMINISTRATION.

    ``Upon the acquisition of the lands, or interests therein, 
referenced in section 1, the Secretary shall administer them in 
accordance with laws generally applicable to the National 
Monument and units of the National Park System, including the 
Act approved August 25, 1916 (16 U.S.C. 1, 2-4) and the Act 
approved August 21, 1935 (16 U.S.C. 461 et seq.).

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated such sums as may 
be necessary to carry out this Act.''.

                                PURPOSE

    The purpose of S. 1943 is to expand the boundary of the 
George Washington Birthplace National Monument in Virginia to 
include the Muse Farm, approximately 115 acres of land, 
adjacent to the monument boundary.

                          BACKGROUND AND NEED

    George Washington Birthplace National Monument was 
established in 1930 and today encompasses 550 acres in northern 
Virginia, approximately 70 miles south of Washington, D.C. At 
the time of Washington's birth in 1732, the site was known as 
the Pope's Creek Plantation, and was owned by Washington's 
father, Augustine Washington. George Washington lived at the 
plantation for the first three years of his life and returned 
periodically thereafter. The original home, known as Wakefield, 
burned in 1779, leaving only the foundation. In addition to the 
foundation, the park also includes the archaeological remains 
of several outbuildings, a commemorative colonial revival 
plantation, and the family burial grounds.
    S. 1943 would authorize the inclusion of a 115-acre 
adjacent tract known as the Muse property. The tract has been 
farmed by the Muse family since 1668, and the family's 
ancestors were contemporaries of the Washingtons. According to 
the National Park Service, acquisition of the Muse property is 
essential to the integrity of the monument and would prevent 
likely new development that could degrade the pastoral setting 
and significant natural and cultural resources.

                          LEGISLATIVE HISTORY

    S. 1943 was introduced by Senators Warner and Allen on 
February 13, 2002. The Subcommittee on National Parks held a 
hearing on S. 1943 on July 18, 2002. At the business meeting on 
July 31, 2002, the Committee on Energy and Natural Resources 
ordered S. 1943, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 31, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 943, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1943, the Committee on 
Energy and Natural Resources adopted a clarifying amendment. 
This amendment clarifies that the 115-acre Muse farm may be 
acquired on a willing seller basis and, upon its acquisition, 
shall be managed in accordance with the laws applicable to 
National Monuments and units of the National Parks System. The 
amendment also adds standard authorization of appropriations 
language. The amendment deletes section 3 in the bill, which 
contained management language that is already applicable.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 modifies the boundaries of the George Washington 
Birthplace National Monument to include an area comprising 
approximately 115 acres.
    Section 2 authorizes the Secretary of the Interior to 
acquire lands, or interests therein, within the boundaries of 
the National Monument, from willing owners of donation, 
purchase with donated money or approximated funds, or exchange.
    Section 3 requires the Secretary to the Interior to 
preserve and interpret the history and resources associated 
with George Washington, the generations of the Washington 
family who lived in the vicinity and their contemporaries, and 
18th century plantation life and society.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 15, 2002.
Hon. Jeff Bingaman,
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. 1943, a bill to 
expand the boundary of the George Washington Birthplace 
National Monument, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1943--A bill to expand the boundary of the George Washington 
        Birthplace National Monument, and for other purposes

    S. 1943 would expand the boundary of the George Washington 
Birthplace National Monument in Virginia to include an adjacent 
115-acre parcel of land. The National Park Service (NPS) would 
be authorized to acquire the parcel by donation, purchase, or 
exchange.
    Based on information provided by the NPS and the property's 
owners and assuming appropriation of the necessary amounts, CBO 
estimates that it would cost between $1 million and $2 million 
over the next year or two to purchase the added parcel. We 
estimate that additional costs to develop and operate the 
expanded national monument would not be significant.
    The legislation 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.
    On August 14, 2002, CBO transmitted a cost estimate for 
H.R. 3449, a bill to revise the boundaries of the George 
Washington Birthplace National Monument, as ordered reported by 
the House Committee on Resources on July 24, 2002. H.R. 3449 
and S. 1943 are very similar, and the estimated costs of the 
two bills are identical.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
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. 1943. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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. 1943.

                        EXECUTIVE COMMUNICATIONS

    The pertinent legislative report received by the Committee 
from the Department of the Interior setting forth Executive 
agency recommendations relating to S. 1943 is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, July 26, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 1943, a bill to expand the 
boundary of George Washington Birthplace National Monument. The 
Department supports the enactment of this bill.
    This bill would authorize the addition of approximately 115 
acres to the National Monument (Muse property). It also 
authorizes the Secretary of the Interior to acquire lands or 
interests in lands within the boundary from willing sellers by 
donation, by purchase with donated money or appropriated funds 
or by exchange. Finally, it directs the Secretary to preserve 
and interpret the history and resources associated with George 
Washington, and the generations of the Washington family who 
lived in the vicinity, as well as their contemporaries, along 
with 17th and 18th century plantation life and society. Land 
acquisition costs are estimated to be $700,000. Operational 
costs are estimated to be $20,000 per year.
    The Department remains committed to the President's 
Initiative to reduce the maintenance backlog of the National 
Park Service. While the Department recognizes that this 
legislation may divert funds from this effort, the acquisition 
of the Muse property is essential to the viability of this 
nationally significant resource.
    George Washington Birthplace National Monument was 
established as a unit of the National Park System in 1930 to 
preserve the grounds and structures associated with the 
birthplace of George Washington. It was here, along the lower 
reaches of the Potomac River that the man who was to become our 
Nation's first president was born in 1732. At that time, this 
site was known as Popes Creek Plantation, owned and operated by 
George Washington's father, Augustine Washington. The park is 
part of a cultural landscape that has remained rural 270 years 
after George Washington's birth. Located in Westmoreland 
County, Virginia, the National Monument includes a memorial 
mansion with a kitchen, farm buildings, various outbuildings, 
an 18th Century working farm, and a visitor's center. The park 
also contains woodlands, wetlands, and agricultural fields. 
Even today, descendants of the Washington family continue to 
live in the area.
    This proposed legislation would include within the park 
boundary a privately owned parcel of land comprised of 
approximately 115 acres, known as the Muse tract, which is 
completely surrounded by the park, the Potomac River, and Popes 
Creek. Park roadsprovide the only access to this neighbor's 
land. This tract has been farmed by the Muse family since 1668, was 
contemporary with the Washington Family farm (Popes Creek Plantation), 
and is historically significant since it is directly connected with the 
plantation. Acquisition of this tract is vital to the integrity of the 
park and would prevent development that could degrade the park's 
pastoral setting and significant natural and cultural resources. The 
park's 1968 Master Plan contained a land acquisition plan showing fee 
acquisition of this privately owned tract and indicated that the Muse 
property could be used for historic farming or could be planted to 
retain the appearance of a cultural landscape.
    The boundaries of the National Monument have been modified 
numerous times since the first memorial was erected at the site 
in 1896. The park presently contains about 550 acres. For 
generations, the surrounding community has been a partner to 
the National Park service in the protection of George 
Washington's birthplace. Many of the landowners, such as the 
Muse Family, come from families that have for generations 
farmed the fertile soils of Virginia's Northern Neck. It is 
only in the recent past that the area has started to change. 
Recreational use, vacations homes, and commuters to Washington, 
DC, and Richmond have increased the local population 
significantly creating development pressure that is beginning 
to encroach on the park. If the Muse tract is not acquired 
there is potential for commercial development that would 
directly threaten park values since the tract is surrounded by 
parklands. The Muse family has indicated their willingness to 
be included within the park boundary for eventual acquisition 
by the National Park service or a park partner. The demand for 
land in the surrounding area is so significant that there is 
little doubt that the peaceful setting, the pastoral charm, and 
the quiet dignity of the tombs of several generations of 
Washingtons would be destroyed by the intrusion of modern 
development within the park without this legislation. Recently, 
a one-acre parcel of land that was proposed to be included 
within the park was sold.
    The National Monument also contains significant natural 
resources. The Muse tract includes half of the Digwood Swamp (a 
known bald eagle habitat and nesting area), extensive 
grasslands, riparian and upland forests, marshes, beaches, and 
cliffs (most likely with significant archaeological artifacts 
from the Woodland and Colonial periods as well as 
paleontological resources) and shares the shores of Popes Creek 
with the park. All are relatively pristine in nature and intact 
ecologically. These habitats are important to wildlife found 
within the park that use surrounding areas as conveyances to 
and from feeding, resting, and breeding areas. The preservation 
of this national treasure can only be accomplished by including 
the Muse tract within the boundary of the park.
    The proposal to add the Muse property to the National 
Monument is supported by the Westmoreland County Board of 
Supervisors, the Chantilly Chapter of the Daughters of the 
American Revolution, the National Parks Mid-Atlantic Council, 
the George Washington Birthplace National Memorial Association, 
and most importantly the owners of the property.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                              Craig Manson,
               Assistant Secretary for Fish and Wildlife and Parks.

                        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. 1943.

                                
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