[House Report 109-582]
[From the U.S. Government Publishing Office]





109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-582

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  TO AUTHORIZE THE MARION PARK PROJECT AND COMMITTEE OF THE PALMETTO 
 CONSERVATION FOUNDATION TO ESTABLISH A COMMEMORATIVE WORK ON FEDERAL 
 LAND IN THE DISTRICT OF COLUMBIA, AND ITS ENVIRONS TO HONOR BRIGADIER 
                         GENERAL FRANCIS MARION

                                _______
                                

 July 20, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5057]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5057) to authorize the Marion Park Project and Committee 
of the Palmetto Conservation Foundation to establish a 
commemorative work on Federal land in the District of Columbia, 
and its environs to honor Brigadier General Francis Marion, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION 
                    AND HIS FAMILY.

  (a) Findings.--The Congress finds that:
          (1) Francis Marion was born in 1732 in St. John's Parish, 
        Berkeley County, South Carolina. He married Mary Esther Videau 
        on April 20th, 1786. Francis and Mary Esther Marion had no 
        children, but raised a son of a relative as their own, and gave 
        the child Francis Marion's name.
          (2) Brigadier General Marion commanded the Williamsburg 
        Militia Revolutionary force in South Carolina and was 
        instrumental in delaying the advance of British forces by 
        leading his troops in disrupting supply lines.
          (3) Brigadier General Marion's tactics, which were unheard of 
        in rules of warfare at the time, included lightning raids on 
        British convoys, after which he and his forces would retreat 
        into the swamps to avoid capture. British Lieutenant Colonel 
        Tarleton stated that ``as for this damned old swamp fox, the 
        devil himself could not catch him''. Thus, the legend of the 
        ``Swamp Fox'' was born.
          (4) His victory at the Battle of Eutaw Springs in September 
        of 1781 was officially recognized by Congress.
          (5) Brigadier General Marion's troops are believed to be the 
        first racially integrated force fighting for the United States, 
        as his band was a mix of Whites, Blacks, both free and slave, 
        and Native Americans.
          (6) As a statesman, he represented his parish in the South 
        Carolina senate as well as his State at the Constitutional 
        Convention.
          (7) Although the Congress has authorized the establishment of 
        commemorative works on Federal lands in the District of 
        Columbia honoring such celebrated Americans as George 
        Washington, Thomas Jefferson, and Abraham Lincoln, the National 
        Capital has no comparable memorial to Brigadier General Francis 
        Marion for his bravery and leadership during the Revolutionary 
        War, without which the United States would not exist.
          (8) Brigadier General Marion's legacy must live on. At 
        present, and since 1878, United States Reservation 18 has been 
        officially referred to as Marion Park. Located between 4th and 
        6th Streets, S.E., at the intersection of E Street and South 
        Carolina Avenue, S.E., in Washington, DC, the park lacks a 
        formal commemoration to this South Carolina hero who was 
        important to the initiation of the Nation's heritage.
          (9) The time has come to correct this oversight so that 
        future generations of Americans will know and understand the 
        preeminent historical and lasting significance to the Nation of 
        Brigadier General Marion's contributions. Such a South Carolina 
        hero deserves to be given the proper recognition.
  (b) Authority to Establish Commemorative Work.--The Marion Park 
Project, a committee of the Palmetto Conservation Foundation, may 
establish a commemorative work on Federal land in the District of 
Columbia and its environs to honor Brigadier General Francis Marion and 
his service.
  (c) Compliance With Standards for Commemorative Works.--The 
commemorative work authorized by subsection (b) shall be established in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the Commemorative Works Act).
  (d) Use of Federal Funds Prohibited.--Federal funds may not be used 
to pay any expense of the establishment of the commemorative work 
authorized by subsection (b). The Marion Park Project, a committee of 
the Palmetto Conservation Foundation, shall be solely responsible for 
acceptance of contributions for, and payment of the expenses of, the 
establishment of that commemorative work.
  (e) Deposit of Excess Funds.--If, upon payment of all expenses of the 
establishment of the commemorative work authorized by subsection (b) 
(including the maintenance and preservation amount provided for in 
section 8906(b) of title 40, United States Code), or upon expiration of 
the authority for the commemorative work under chapter 89 of title 40, 
United States Code, there remains a balance of funds received for the 
establishment of that commemorative work, the Marion Park Project, a 
committee of the Palmetto Conservation Foundation, shall transmit the 
amount of the balance to the Secretary of the Treasury for deposit in 
the account provided for in section 8906(b)(1) of such title.
  (f) Definitions.--For the purposes of this section, the terms 
``commemorative work'' and ``the District of Columbia and its 
environs'' have the meanings given to such terms in section 8902(a) of 
title 40, United States Code.

    Amend the title so as to read:

    A bill to authorize the Marion Park Project, a committee of the 
Palmetto Conservation Foundation, to establish a commemorative work on 
Federal land in the District of Columbia, and its environs to honor 
Brigadier General Francis Marion.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5057, as ordered reported, is to 
authorize the Marion Park Project, a committee of the Palmetto 
Conservation Foundation to establish a commemorative work on 
Federal land in the District of Columbia, and its environs to 
honor Brigadier General Francis Marion.

                  BACKGROUND AND NEED FOR LEGISLATION

    General Francis Marion, known as ``The Swamp Fox'' was a 
Revolutionary officer from South Carolina. He led a band of 
irregular fighters in the back- and low-country swamps of South 
Carolina fighting the British troops under Lord Cornwallis. He 
is generally credited as the ``Father of Guerilla Warfare,'' 
and is recognized as such at various war colleges.
    Gen. Marion was a lifelong citizen-soldier and planter, 
living on his plantation, Pond Bluff, and fighting as a 
lieutenant in the French and Indian War in the 1750s, the 
Cherokee Campaign of 1760, as a captain at the Battle of 
Sullivan's Island on June 28, 1776, and as a lieutenant colonel 
at the Battle of Savannah on October 9, 1779. He was carried 
out of Charleston in 1780 with a broken ankle suffered by 
jumping out of a window to escape a Loyalist trap, thus 
avoiding the fall of Charleston under Gen. Benjamin Lincoln and 
his 5,000 Continental Troops.
    After Charleston had fallen and the Americans were driven 
from the field at the Battle of Camden in August of 1780, 
General Marion and his soldiers, whites and blacks, free and 
slave, along with friendly Native Americans, were the only 
organized fighting force in action in America. It is believed 
that they were the first integrated fighting force in America 
as well. General Marion went on to disrupt British supply lines 
that set up patriot successes and ultimately, the Colonies' 
victory.
    Marion Park in the District of Columbia is named after the 
famous general; however, there is very little recognition of 
the man himself at the park. The Marion Park Project Committee 
was established in partnership with the nonprofit Palmetto 
Conservation Foundation with the goal of placing a monument to 
General Marion at the park.
    The nonprofit has coordinated this effort with the National 
Park Service and is now seeking authorization from Congress so 
the project may move forward. No federal funds will be 
authorized for the establishment of the commemorative work, and 
the Marion Park Project Committee will be responsible for 
raising the funds.

                            COMMITTEE ACTION

    H.R. 5057 was introduced on March 30, 2006, by Congressman 
Joe Wilson (R-SC). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks. On May 25, 2006, the Subcommittee on National 
Parks held a hearing on H.R. 5057. On June 21, 2006, the 
Committee on Resources met to consider the bill.
    The Subcommittee was discharged from further consideration 
of the bill by unanimous consent. Congressman Stevan Pearce (R-
NM) offered an amendment in the nature of a substitute to 
correct the reference to the nonprofit organization authorized 
to establish the commemorative work. The amendment corrects the 
name to read ``the Marion Park Project, a committee of the 
Palmetto Conservation Foundation.'' The Pearce amendment was 
adopted by unanimous consent. The bill, as amended, was ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, clause 3 of the Constitution of the 
United States grants 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, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of H.R. 
5057 ``would affect revenues and direct spending, but we 
estimate that such effects would not be significant.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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:

H.R. 5057--A bill to authorize the Marion Park Project and Committee of 
        the Palmetto Conservation Foundation to establish a 
        commemorative work on federal land in the District of Columbia 
        and its environs to honor Brigadier General Francis Marion

    H.R. 5057 would authorize a nonprofit organization to 
establish a commemorative work honoring Brigadier General 
Francis Marion. CBO estimates that implementing H.R. 5057 would 
have no significant impact on the federal budget. Enacting the 
legislation would affect revenues and direct spending, but we 
estimate that such effects would not be significant.
    H.R. 5057 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    H.R. 5057 would authorize the Palmetto Conservation 
Foundation to establish the monument to the Revolutionary War 
hero on federal lands in Washington, D.C., subject to the 
requirements of the Commemorative Works Act (CWA) and without 
the use of federal funds. Under the CWA, any entity that 
receives a permit to construct a memorial in the District of 
Columbia or its environs must deposit an amount equal to 10 
percent of the memorial's estimated construction cost in the 
U.S. Treasury. The funds deposited are then available without 
further appropriation for maintenance and preservation of the 
structure.
    Based on information provided by the National Park Service, 
CBO estimates that the federal government would collect a 
deposit from the nonprofit organization of less than $100,000 
once the memorial has been built. Based on the history of 
similar commemorative projects, we expect that the deposit 
would not be received for several years, and spending of any 
amounts received would be minimal in any fiscal year. The bill 
also would require the organization to pay the Treasury any 
amounts that it collects from contributors in excess of 
construction costs, but CBO estimates that no such amounts 
would be paid.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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