[Senate Report 110-390]
[From the U.S. Government Publishing Office]
Calendar No. 822
110th Congress Report
SENATE
2d Session 110-390
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AMERICA'S HISTORICAL AND NATURAL LEGACY STUDY ACT
_______
June 16, 2008.--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 H.R. 3998]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 3998) to authorize the Secretary of the
Interior to conduct special resources studies of certain lands
and structures to determine the appropriate means for
preservation, use, and management of the resources associated
with such lands and structures, having considered the same,
reports favorably thereon with an amendment and recommends that
the Act, 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 ``America's Historical and Natural Legacy
Study Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. HARRY S TRUMAN NATIONAL HISTORIC SITE SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary shall conduct a special resource study
of the Harry S Truman Birthplace State Historic Site (referred to in
this section as the ``birthplace site'') in Lamar, Missouri, to
determine--
(1) the suitability and feasibility of--
(A) adding the birthplace site to the Harry S Truman
National Historic Site; or
(B) designating the birthplace site as a separate
unit of the National Park System; and
(2) the methods and means for the protection and
interpretation of the birthplace site by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
birthplace site.
SEC. 4. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary shall conduct a special resource study
of the sites and resources at Matewan, West Virginia, associated with
the Battle of Matewan (also known as the ``Matewan Massacre'') of May
19, 1920, to determine--
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the
National Park System; and
(2) the methods and means for the protection and
interpretation of the historic areas by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
historic areas.
SEC. 5. BUTTERFIELD OVERLAND TRAIL SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary shall conduct a special resource study
along the route known as the ``Ox-Bow Route'' of the Butterfield
Overland Trail (referred to in this section as the ``route'') in the
States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico,
Arizona, and California to evaluate--
(1) a range of alternatives for protecting and interpreting
the resources of the route, including alternatives for
potential addition of the Trail to the National Trails System;
and
(2) the methods and means for the protection and
interpretation of the route by the National Park Service, other
Federal, State, or local government entities, or private or
nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)) or section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b)), as appropriate.
(c) Report.--Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
route.
PURPOSE
The purpose of H.R. 3998, as ordered reported, is to
authorize the Secretary of the Interior to conduct three
special resource studies of certain lands and structures to
determine whether they are appropriate for addition to the
National Park System.
BACKGROUND AND NEED
As ordered reported, H.R. 3998 authorizes three special
resource studies to determine the appropriate means for
preservation, use, and management of certain resources,
including possible inclusion within the National Park System or
National Trails System. The bill requires the Secretary to
complete each study not later than three years after the date
funds are made available.
The special resource studies include the site of Harry S
Truman Birthplace State Historic Site in the State of Missouri,
the Battle of Matewan in the State of West Virginia, and the
Butterfield Overland Trail in the States of Missouri,
Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, and
California for potential inclusion as a new unit in the
National Park System.
The Harry S Truman State Historic Site includes the house
in Lamar, Missouri, where President Truman was born and where
he lived until he was 11 months old. The National Park Service
currently administers the Harry S Truman National Historic
Site, which includes the Truman Home in Independence, Missouri,
and the Truman Farm Home in Grandview. H.R. 3998 would
authorize a study of the Truman birthplace home to determine
whether it would be an appropriate addition to the Harry S
Truman National Historic Site.
The Battle of Matewan occurred on May 19, 1920, in Matewan,
West Virginia, near the border with Kentucky and Virginia.
After learning that some of the miners at Matewan had joined a
union, the coal companies sent detectives to identify the
specific miners involved, and to evict their families from the
company-owned housing. Following this, a fight took place
between many of the miners and the company detectives. Several
people were killed in this clash. The battle represented a key
event in the eventual end of coal company control in the
southern Appalachians, and it is also considered an important
event in the history of organized labor.
The Butterfield Overland Mail Route as used between 1858 to
1861 for biweekly stagecoach and mail service between St. Louis
and Memphis to San Francisco. Although the trail was identified
by the Department of the Interior in 1978 as a potential
national historic trail, no study has ever been conducted.
LEGISLATIVE HISTORY
H.R. 3998, sponsored by Congressman Grijalva, passed the
House of Representatives by voice vote on December 4, 2007.
The Subcommittee on National Parks held a hearing on H.R.
3998 on April 9, 2008. At its business meeting on May 7, 2008,
the Committee on Energy and Natural Resources ordered H.R. 3998
favorably reported, with an amendment in the nature of a
substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 3998, if amended
as described herein.
COMMITTEE AMENDMENT
During its consideration of H.R. 3998, the Committee
adopted an amendment in the nature of a substitute. As passed
by the House of Representatives, H.R. 3998 authorized nine
individual studies. Three of those studies--relating to the
Lewis and Clark National Historic Trail extension, the Wolf
House in Arkansas, and the Rim of the Valley Corridor in
Calfornia--were included in S. 2937, which was signed into law
on May 8, 2008 (Public Law 110-229). The Committee substitute
retains the authorizations for three of the other studies, for
which the Committee had received a request prior to May 7,
2008, to report the measure: the Harry S Truman Birthplace
study, the Battle of Matewan study, and the Butterfield
Overland Trail study. The substitute amendment also deleted
other provisions in the House-passed bills that were not
consistent with other study bills reported by the Committee.
The amendment is explained in detail in the section-by-section
analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``America's
Historical and Natural Legacy Study Act''.
Section 2 defines the term ``Secretary'' to mean the
Secretary of the Interior.
Section 3(a) authorizes the Secretary of the Interior to
conduct a special resource study of the Harry S Truman
Birthplace in Lamar, Missouri.
Subsection (b) directs the Secretary to conduct the study
in accordance with section 8(c) of Public Law 91-383, the
National Park Service General Authorities Act. Section 8(c)
describes various criteria the Secretary is to consider in
determining whether an area is appropriate for addition to the
National Park System.
Subsection (c) directs the Secretary to submit a report
containing the results and recommendations of this study not
later than 3 years after the date on which funds are made
available to carry out this section.
Section 4(a) authorizes the Secretary to conduct a special
resource study of the sites associated with the Battle of
Matewan, in Matewan, West Virginia.
Subsection (b) directs the Secretary to conduct the study
in accordance with section 8(c) of Public Law 91-383.
Subsection (c) directs the Secretary to submit a report
containing the results and recommendations of this study not
later than 3 years after the date on which funds are made
available to carry out this section.
Section 5(a) authorizes the Secretary to conduct a special
resource study along the route known as the ``Ox-Bow Route'' of
the Butterfield Overland Trail in the States of Missouri,
Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, and
California to evaluate a range of alternatives for protecting
and interpreting the resources of the route by appropriate
organizations.
Subsection (b) directs the Secretary to conduct the study
in accordance with section 8(c) of Public Law 91-383 or section
5(b) of the National Trails System Act, which pertains to
studies of routes for potential addition to the National Trails
System.
Subsection (c) directs the Secretary to submit a report
containing the results and recommendations of this study, not
later than 3 years after the date on which funds are made
available to carry out this section.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 3998--America's Historical and Natural Legacy Study Act
H.R. 3998 would direct the National Park Service (NPS) to
conduct special resource studies of four areas throughout the
United States. The studies, which would be completed over a
three-year period, would determine the suitability and
feasibility of adding the areas to the National Park System.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CBO estimates that the
agency would spend about $1 million over the 2009-2011 period
to complete the four studies. Enacting H.R. 3998 would not
affect direct spending or revenues.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would not affect the budgets of state, local, or tribal
governments.
On November 20, 2007, CBO transmitted a cost estimate for
H.R. 3998 as ordered reported by the House Committee on Natural
Resources on November 7, 2007. The Senate version of the
legislation would require the NPS to conduct fewer studies than
the House version. The CBO cost estimates reflect that
difference.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, 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. 3998. The Act 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. 3998, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
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. 3998, as
ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
April 9, 2008, hearing on H.R. 3998 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on H.R. 3998, a bill
that authorizes the Secretary of the Interior (Secretary) to
conduct nine special resources studies of certain lands and
structures to determine the appropriate means for their
preservation, use and management, including possible inclusion
within the National Park System or the National Trails System.
The Department supports the authorization of six of the
studies: for the Battles of Matewan and Camden, the Mississippi
River, Fort San Geronimo, the Rim of the Valley, and the
Butterfield Overland Trail. The Department does not object to
the authorization of two of the studies: for the Harry S Truman
Birthplace site and the Eastern Legacy Lewis and Clark trail
sites. The Department opposes the authorization of the study of
the Wolf House. However, the Department feels that priority
should be given to the 32 previously authorized studies for
potential units of the National Park System, potential new
National Heritage Areas, and potential additions to the
National Trails System and National Wild and Scenic River
System that have not yet been transmitted to the Congress.
Title I of H.R. 3998 authorizes the Secretary to conduct a
special resource study to determine the suitability and
feasibility of adding the Harry S Truman Birthplace State
Historic Site, located in Lamar, Missouri, to the Harry S
Truman National Historic Site or designating the site as a
separate unit of the National Park System. The study would also
determine the methods and means for protection and
interpretation of the site by federal, state or local
government entities or private or non-profit organizations.
The Department does not object to the enactment of Title I.
President Harry S Truman was born in the house in Lamar,
Missouri, and lived there with his family until he was
approximately 11 months old. The birthplace is currently a
State Historic Site operated and maintained by the Division of
Parks and Recreation of the State of Missouri. Harry S Truman
National Historic Site operates two units, the Truman Home in
Independence and the Truman Farm Home in Grandview, from the
operational center in Independence. The birthplace site in
Lamar is approximately 120 miles from the national historic
site in Independence. Mr. Truman's birth in Lamar is currently
being included in interpretive programs at both the Truman Home
and the Truman Farm Home as part of the larger Truman story.
Title II of H.R. 3998 authorizes the Secretary to conduct a
special resource study to determine the suitability and
feasibility of extending the Lewis and Clark National Historic
Trail to include additional sites associated with the
preparation and return phases of the expedition. These sites
are commonly known as the ``Eastern Legacy sites'' and are
located in Virginia, the District of Columbia, Maryland,
Delaware, Pennsylvania, West Virginia, Ohio, Kentucky,
Tennessee, Indiana, Missouri and Illinois. The study would also
determine the methods and means for the protection and
interpretation of these sites by federal, state or local
government entities or private or non-profit organizations. The
Department testified on a similar bill, S. 1991, earlier this
Congress.
While we have some concerns about the need for the study,
the Department does not object to the enactment of Title II.
There have been many discussions in recent years between
scholars and interested individuals concerning whether the
Eastern Legacy sites and routes merit inclusion in the Lewis
and Clark National Historic Trail. Arguments against extending
the trail have focused on the common historical understanding
of where the expedition itself began. Additional concerns
include what impact the inclusion of the Eastern Legacy sites
would have on those sites and on tourist visitation to the
western half of the trail, and whether extending the trail
would dilute attention to and importance of the existing trail.
The issue of whether this area is suitable and feasible as an
administrative unit of the National Trails System has not been
addressed. Title II would provide that authority.
Title III authorizes the Secretary to conduct a special
resource study of the sites associated with the ``Battle of
Matewan'' in Matewan, West Virginia to determine the
suitability and feasibility of designating these resources as a
unit of the National Park System, and to determine the methods
and means for protection and interpretation by federal, state
or local government entities or private or non-profit
organizations.
The Department supports enactment of Title III. The
``Battle of Matewan'' was a pivotal event in the eventual end
of coal company control in the southern Appalachians, and a
seminal event in the history of organized labor. The conflict
was precipitated by striking coal miners who demanded the
company recognize the legitimacy of the United Mine Workers of
America. The coal companies retaliated by bringing in armed
guards to evict miners from local mines and their families from
company housing, sparking an armed confrontation on May 19,
1920 that left ten people dead. Resources related to this
period are still extant in the Town of Matewan and its
surrounding areas.
Title IV authorizes the Secretary to conduct a special
resource study of the site of the Battle of Camden and the site
of Historic Camden in South Carolina to determine the
suitability and feasibility of designating these sites as a
unit or units of the National Park System, and to determine the
methods and means for protection and interpretation by the
federal, state or local government entities or private or non-
profit organizations.
The Department supports enactment of Title IV. The Battle
of Camden, fought on August 16, 1780, was a key battle in the
southern campaign of the American Revolutionary War. The battle
decisively ended American hopes of a quick victory in the
south. A 2003 reconnaissance study of the Camden battlefield
recommended that a Special Resources Study be completed.
Historic Camden is a National Park System affiliated area
within the City of Camden, which is one of the oldest towns in
South Carolina.
Title V authorizes the Secretary to conduct a special
resource study along the route of the Mississippi River from
its headwaters in the state of Minnesota to the Gulf of Mexico
to evaluate the route for potential addition to the National
Trails System. The study would also determine the methods and
means for the protection and interpretation of the route by
federal, state or local government entities or private or non-
profit organizations. Title V gives the Secretary the authority
to conduct the study in accordance with the National Park
System General Authorities Act or the National Trails System
Act, as appropriate.
The Department supports the enactment of Title V. The
Mississippi River corridor is one of the richest in America's
history. It traverses along the edges of 10 states, linking six
National Park Service areas and up to 40 federal properties. A
special resource study would allow for an analysis of current
conditions, river issues and activities, historic issues,
current and potential partners, interested state agencies,
affected communities, related planning projects, and previous
studies, and would help determine the best designation and
coordinating role for this important set of resources.
Title VI authorizes the Secretary to conduct a special
resource study to determine the suitability and feasibility of
including Fort San Geronimo in Puerto Rico as part of San Juan
National Historic Site. The study would also determine the
methods and means for protection and interpretation of the site
by federal, state or local government entities or private or
non-profit organizations.
The Department supports enactment of Title VI. Fort San
Geronimo is one of four forts surrounding the old, colonial
portion of San Juan, Puerto Rico that were built by Spanish
troops beginning in 1539. Fort San Geronimo is the only one of
the four forts in the original fortification system that is not
included in San Juan National Historic Site.
Title VII authorizes the Secretary to conduct a special
resource study of the Wolf House in Norfork, Arkansas, to
determine the suitability and feasibility of designating the
house as a unit of the National Park System. The study would
also determine the methods and means for the protection and
interpretation of the house by federal, state or local
government entities or private or non-profit organizations. The
Department testified on a similar bill, S. 1941, earlier this
Congress.
The Department opposes enactment of Title VII. The Wolf
House is a two-story dogtrot structure dating back to 1829 and
the oldest territorial courthouse west of the Mississippi
River. While the Wolf House is an impressive historical
structure, it is not distinguished beyond many other historical
log structures in cities all over the United States. Even
though the Wolf House has significance for the political
history of the state of Arkansas, we believe it may be more
suited for inclusion in the State Park system.
Title VIII authorizes the Secretary to conduct a special
resource study of the area known as the Rim of the Valley in
southern California to determine the suitability and
feasibility of designating all or a portion of the corridor as
a unit of the Santa Monica Mountains National Recreation Area.
The study would also determine the methods and means for the
protection and interpretation of the corridor by federal, state
or local government entities or private or non-profit
organizations. Section 802(b) requires the Secretary to
document the process used to develop the existing Santa Monica
Mountain National Recreation Area Fire Management Plan and
Environmental Impact Statement, and to document all activity
conducted pursuant to the plan designed to protect lives and
property from wildfire.
The Department supports enactment of Title VIII. The
proposed study would explore ways to involve a wide range of
Federal, state, local, and private entities to protect and
interpret important natural and cultural resources, and to
provide more access to outdoor recreational opportunities for
the diverse urban communities in the Greater Los Angeles
Metropolitan Area. While the Department does not object to the
language in Section 802(b), the documentation that this section
requires is already a part of the public record and is not
relevant to the Rim of the Valley Corridor Study.
Title IX authorizes the Secretary to conduct a special
resource study and evaluation of the ``Ox-Bow Route'' of the
Butterfield Overland Trail in the states of Missouri,
Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona and
California for potential inclusion in the National Trails
System. The study would also determine the methods and means
for the protection and interpretation of the corridor by
federal, state or local government entities or private or non-
profit organizations.
The Department supports the enactment of Title IX. The
Butterfield Overland Mail Route was the scene of biweekly stage
coach and mail service between St. Louis, Missouri, and
Memphis, Tennessee to San Francisco, California between 1858
and 1861. When the category of ``national historic trail'' was
first added to the National Trails System in 1978, the
Department of the Interior developed a file of potential
trails, including the Butterfield Overland Mail Route, but a
formal study was never completed.
Mr. Chairman, that concludes my testimony. I would be
pleased to answer any questions you or the other 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. 3998, as
ordered reported.