[Senate Report 110-390]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 822
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-390
======================================================================
 
           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.

                                  
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