[Senate Report 108-374]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 733
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-374

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



 
           FORT FREDERICA NATIONAL MONUMENT LAND EXCHANGE ACT

                                _______
                                

               September 28, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1113]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1113) to authorize an exchange of land 
at Fort Frederica National Monument, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the Act, as amended, do pass.
    The amendment is as follows:
    On page 2, lines 2 and 3, strike ``any other provision of 
law'' and insert ``section 5(b) of Public Law 90-401 (16 U.S.C. 
460l-22(b))''.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 1113 is to authorize an exchange of 
land at Fort Frederica National Monument in Georgia between 
Christ Church and the National Park Service.

                          BACKGROUND AND NEED

    Fort Frederica was one of the earliest English settlements 
in what ultimately became the State of Georgia. The Fort was 
established by General James Ogelthorpe, a noted military 
leader, planner, and social reformer. General Ogelthorpe was 
responsible for establishing the colony of Georgia and 
directing the settlement and development of several Georgia 
communities including the city of Savannah.
    In the early 1700s, Fort Frederica was a prosperous 
community of substantial homes whose residents were tradesmen 
and farmers that supplied the garrison stationed there. In 
1739, Britain and Spain entered into a war that eventually 
involved Fort Frederica. After the 1748 treaty with Spain, Fort 
Frederica's military garrison was withdrawn and the town of 
Fort Frederica fell into decline. In 1758 a fire destroyed most 
of the existing structures.
    Fort Frederica National Monument was established on May 26, 
1936. Subsequent legislation increased the authorized boundary 
to 250 acres and directed the Secretary of the Interior to 
acquire the Battle of Bloody Marsh memorial site on St. Simons 
Island.
    In 1993, when a proposed development threatened to 
compromise the viewshed of Fort Frederica, the National Park 
Service, with the help of the Trust for Public Land and others, 
acquired 28 acres along the river front. This timely 
acquisition allowed the National Park Service to preserve the 
historic view of the river approach to Fort Frederica.
    Christ Church is located adjacent to the Fort Frederica 
National Monument on St. Simons Island. Recently, the church 
experienced a substantial increase in membership and now 
requires additional land on which to expand. In order to 
accommodate the needed expansion the church contacted the 
National Park Service and proposed the land exchange authorized 
by H.R. 1113. This measure will authorize the Secretary to 
exchange approximately 6 acres of land from the 1993 riverfront 
acquisition for 8.7 acres of land adjacent to the Monument. The 
land to be acquired by the Secretary through this exchange 
contains archeological ruins dating from the colonial period. 
Tradition indicates that this land also includes the home of 
General Ogelthorpe, although archeological survey work has not 
yet verified this theory. Similarly, the National Park Service 
has not yet completed an appraisal of the lands to be 
exchanged. However, at this time, the agency believes the 
parcel to be acquired from Christ Church is of greater value 
than the parcel to be exchanged. H.R. 1113 will provide the 
necessary authorization to complete the land exchange and 
revise the boundary of the Monument accordingly.

                          LEGISLATIVE HISTORY

    H.R. 1113 was introduced by Representative Kingston on 
March 6, 2003. The House Resources Committee ordered the bill, 
as amended, favorably reported (H. Rept. 108-201) on June 11, 
2003. On September 23, 2003, H.R. 1113 was passed by the House 
of Representatives by a voice vote. The Senate Committee on 
Energy and Natural Resources' Subcommittee on National Parks 
held a hearing on H.R. 1113 on July 15, 2004. At the business 
meeting on September 15, 2004, the Committee on Energy and 
Natural Resources ordered H.R. 1113 favorably reported with 
amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on September 15, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
1113 as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 1113, the Committee 
adopted a clarifying amendment. The amendment removes language 
exempting H.R. 1113 from any other provision of law and 
clarifies that the land exchange is exempted only from the 
requirements of section 5(b) of Public Law 90-401. That 
subsection authorizes the Secretary of the Interior to exchange 
lands only if they are of equal value, or if the values of the 
lands are equalized by cash payment. In addition it requires 
the Secretary to hold a public meeting prior to the land 
exchange if requested by an interested party and exempts timber 
lands subject to harvest under a sustained yield program.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 authorizes the Secretary of the Interior to 
acquire approximately six acres of land from Christ Church of 
St. Simons Island, Georgia, in exchange for approximately 8.7 
acres of land. This section references a map depicting the 
lands to be exchanged and requires that this map be made 
available for public inspection at appropriate National Park 
Service offices.
    Section 2 directs the Secretary to revise the boundary of 
Fort Frederica National Monument to reflect the land exchange 
and to administer the acquired land as part of the Monument.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

H.R. 1113--An act to authorize the exchange of land at Fort Frederica 
        National Monument

    H.R. 1113 would authorize the National Park Service (NPS) 
to exchange 6 acres of land within the boundary of the Fort 
Frederica National Monument in Georgia for 8.7 acres of nearby 
property owned by the Christ Church. The act would direct the 
NPS to adjust the boundaries of the monument to reflect the 
exchange when completed.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the NPS would spend about $200,000 over the year 
or two following acquisition of the 9.7-acre site to identify 
possible historic resources and determine how to exhibit them. 
Depending on the outcome of the archeological studies and the 
level of future appropriations, the NPS might spend additional 
funds to develop the new parcel. Based on information provided 
by the agency, CBO estimates that such development costs would 
not exceed $1 million. We estimate that additional costs to 
operate and maintain any facilities that might be developed 
(such as access roads and interpretive kiosks) would be less 
than $200,000 annually.
    H.R. 1113 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 June 19, 2003, CBO transmitted a cost estimate for H.R. 
1113 as ordered reported by the House Committee on Resources on 
June 11, 2003. The two versions of the legislation are very 
similar, and our cost estimates are the same.
    The CBO staff contact for this estimate is Deborah Reis. 
This 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 H.R. 1113.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or 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 the 
enactment of H.R. 1113.

                        EXECUTIVE COMMUNICATIONS

    On July 6, 2004, 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 H.R. 1113. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on H.R. 1113 follows:

 Statement of A. Durand Jones, Deputy Director, National Park Service, 
                    U.S. Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the Department's views on H.R. 1113. 
This bill would authorize an exchange of land at Fort Frederica 
National Monument.
    The Department supports an exchange of land between Christ 
Church, Frederica and Fort Frederica National Monument, as 
outlined in H.R. 1113. Although appraisals have not been 
completed for the two parcels, we expect that the value of the 
land received by the National Park Service (NPS) will be more 
than the value of the land given up so there will be no need 
for land acquisition funding. The NPS would incur increased 
operational costs associated with the exchange because of the 
archeological value to the park of the acquired lands. However, 
the amount of those costs cannot be determined until the 
significance of the resources present on the site NPS acquires 
is established.
    The Department testified in support of this bill at a House 
Subcommittee on National Parks, Recreation, and Public Lands 
hearing on April 8, 2003. At the House markup the bill was 
amended to adjust the amount of land to be given by the NPS to 
Christ Church from 4.8 acres to 6 acres in order to provide 
sufficient land for the church to complete their development 
project. As a part of this process, the NPS worked closely with 
Representative Kingston's office to assure that the historic 
scene of the National Monument will be protected and that the 
park's artifact storage facility and other buildings would 
remain within the park boundary.
    H.R. 1113 would authorize the Secretary to convey to Christ 
Church, Frederica, located on St. Simons Island, Georgia 
approximately 6 acres of land within the boundary of Fort 
Frederica National Monument in exchange for approximately 8.7 
acres of land near Fort Frederica that will be acquired by 
Christ Church. Upon completion of the exchange, the Secretary 
shall revise the boundary of Fort Frederica National Monument 
and administer the land acquired through the exchange as part 
of the monument.
    Fort Frederica National Monument is located 12 miles 
northeast of Brunswick on St. Simons Island, Georgia. The 
monument's authorized boundary contains 250 acres and preserves 
the remains of a fortified town established and laid out by 
Governor James Oglethorpe in 1736 to defend against invasion 
from Spanish colonies in Florida.
    Fort Frederica was one of the earliest English settlements 
in what ultimately became the State of Georgia, preceded by 
Fort King George (1721), located near Darien, Georgia, and the 
Cities of Savannah (1733) and Augusta (1735), also established 
and planned by Oglethorpe. Fort Frederica was a prosperous 
community of substantial homes whose residents were tradesmen 
and farmers supplying the garrison stationed there much the 
same way communities provide goods and services to military 
installations today. In 1739, Britain and Spain entered a war 
that eventually involved Fort Frederica. After the 1748 treaty, 
Frederica's military garrison was withdrawn and the town of 
Fort Frederica fell into decline. In 1758, a fire destroyed 
most of the existing structures.
    Fort Frederica National Monument was established on May 26, 
1936. Subsequent legislation increased the authorized boundary 
to 250 acres and directed the Secretary of the Interior to 
acquire the Battle of Bloody Marsh memorial site on St. Simons 
Island. Subject to the 250-acre limitation, the Secretary was 
also authorized to acquire additional marshland acreage west of 
the Frederica River, across from the National Monument, for 
additional protection of the historic scene.
    On June 29, 1993, following a lengthy campaign involving 
the efforts and support of the Trust for Public Land and many 
private citizens of St. Simons Island, Fort Frederica acquired 
28 acres of land, including river frontage on the south side of 
the town site, that had been planned for a major marina 
development. This acquisition preserved the historic view of 
the river approach to Fort Frederica. The 6-acre parcel that 
H.R. 1113 directs the Secretary to give to Christ Church is 
within this 28-acre acquisition.
    The 8.7-acre site that Christ Church proposes to exchange 
for the land at Fort Frederica contains archeological remains 
that have been established to be from the colonial period. 
Tradition indicates that the land includes General Ogelthorpe's 
home, however we are unaware of any archeological survey work 
that has been completed on this tract to positively determine 
if this is the case.
    The main town site within the National Monument contains 
several well preserved and partially reconstructed colonial 
ruins. There may be additional administrative and operational 
costs associated with protecting a small archeological site 
detached from the main park unit and it has not been determined 
if that cost is commensurate with the limited additional 
interpretive value of the site if it only contains additional 
Frederica era resources but does not include Oglethorpe's home.
    That completes my testimony. I would be happy to answer any 
questions that you or any members of the subcommittee may have.

                        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 the Act H.R. 1113 as 
ordered reported.

                                  
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