[Senate Report 110-98]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 228
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-98 

======================================================================
 
            STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL ACT

                                _______
                                

                 June 26, 2007.--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. 797]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 797) to amend the National Trails System 
Act to designate the Star-Spangled Banner Trail in the States 
of Maryland and Virginia and the District of Columbia as a 
National Historic Trail, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
do pass. The amendments are as follows:

    1. On page 2, strike lines 7 through 12 and insert the 
following:
                  ``(A) In general.--The Star-Spangled Banner 
                National Historic Trail, a trail consisting of 
                water and overland routes totaling 
                approximately 290 miles extending from Tangier 
                Island, Virginia, through southern Maryland, 
                the District of Columbia, and northern Virginia 
                in the Chesapeake Bay, Patuxent River, Potomac 
                River, and north to the Patapsco River and 
                Baltimore, Maryland,
    2. Beginning on page 3, strike line 20 and all that follows 
through page 4, line 4, and insert the following:
                  ``(F) Interpretation and assistance.--Subject 
                to the availability of appropriations, the 
                Secretary of the Interior may provide to State 
                and local governments and nonprofit 
                organizations interpretive programs and 
                services and technical assistance for use in--
                          ``(i) carrying out preservation and 
                        development of the trail; and
                          ``(ii) providing education relating 
                        to the War of 1812 along the trail.''.

                         Purpose of the Measure

    The purpose of S. 797 is to designate the Star-Spangled 
Banner Trail in Maryland, Virginia, and the District of 
Columbia as a National Historic Trail.

                          Background and Need

    S. 797 would designate an approximately 290-mile land and 
water trail extending from southern Maryland along the 
Chesapeake Bay and continuing into the District of Columbia and 
Virginia, to commemorate the events leading up to the writing 
of ``The Star Spangled Banner'' during the War of 1812. 
National Historic Trails, which are components of the National 
Trails System, commemorate major routes of historic travel and 
mark major events that have shaped our American history. To 
date, 17 National Historic Trails have been established. To be 
designated as a National Historic Trail, a trail must meet 
three basic criteria: it must be nationally significant, have a 
documented route through maps or journals, and provide 
recreational opportunities.
    Presently there is little recognition of the events that 
made up the War of 1812 outside of Fort McHenry. The sites 
along the Star Spangled Banner National Historic Trail would 
mark some of the most important events of the War of 1812. The 
trail, commemorating the only combined naval and land attack on 
the United States, begins with the June 1814 battles between 
the British Navy and the American Chesapeake Flotilla in St. 
Leonard's Creek in Calvert County, Maryland, and ends at Fort 
McHenry in Baltimore, site of the composition of ``The Star 
Spangled Banner'' by Francis Scott Key (originally entitled the 
``Defence of Fort McHenry'') and the ultimate defeat of the 
British forces.
    A continuous trail connecting these important sites would 
provide the public with a thematically consistent account of 
the events that made up the War of 1812.

                          Legislative History

    S. 797 was introduced by Senators Cardin, Mikulski, Warner, 
Webb, and Kennedy on March 7, 2007. During the 109th Congress, 
the Committee considered similar legislation, S. 958, sponsored 
by Senators Sarbanes and Mikulski. The Subcommittee on National 
Parks held a hearing on S. 958 on July 28, 2005 (S. Hrg. 109-
201. The Committee ordered S. 958 reported, with amendments, on 
September 28, 2005 (S. Rept. 109-150) and the bill passed the 
Senate by unanimous consent on November 16, 2005. No further 
action occurred in the House of Representatives prior to the 
sine die adjournment of the 109th Congress.
    At its business meeting on May 23, 2007, the Committee 
ordered S. 797 favorably reported, with amendments.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 23, 2007, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
797, if amended as described herein.

                          Committee Amendments

    During the consideration of S. 797, the Committee adopted 
two amendments to clarify that the trail includes water routes 
and to authorize the Secretary of the Interior to provide 
technical and interpretive assistance to State and local 
governments and non- profit organizations.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Star-Spangled 
Banner National Historic Trail Act.''
    Section 2 amends section 5(a) of the National Trails System 
Act (16 U.S.C. 1244(a)) to designate 290 miles of water and 
overland routes as the ``Star-Spangled Banner National Historic 
Trail'' as depicted on the referenced map. The trail is to be 
administered by the Secretary of the Interior. The United 
States is prohibited from acquiring lands or interests in land 
outside of the exterior boundaries of any federally-
administered area without the consent of the landowner. The 
section also directs the Secretary to encourage public 
participation in the planning, development, and maintenance of 
the trail, and to consult with affected landowners and 
appropriate governmental agencies in the administration of the 
trail. Finally, the section authorizes the Secretary to provide 
technical assistance and interpretive services to State and 
local governments and non-profit organizations.

                   Cost and Budgetary Considerations

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

                                                      May 31, 2007.
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. 797, the Star-
Spangled Banner National Historic Trail Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 797 Star-Spangled Banner National Historic Trail Act

    S. 797 would amend the National Trails System Act to 
designate the Star-Spangled Banner Trail as a National Historic 
Trail. The trail of almost 300 miles would cover parts of 
Maryland, Virginia, and the District of Columbia. The National 
Park Service (NPS) would administer the trail and coordinate 
the efforts of public and private entities on trail 
administration, planning, development, and maintenance.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that 
establishing, developing, and administering the proposed 
historic trail would cost about $2 million over the 2008-2012 
period. Of this amount, we estimate that the NPS would spend 
about $300,000 over the next two years to prepare a 
comprehensive management plan for the trail. We estimate that 
the remaining $1.7 million would be spent over the following 
three years for archeological surveys, development of access 
sites, and interpretive materials.
    S. 797 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.
    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. 797. 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 S. 797, as ordered reported.

                        Executive Communications

    Because S. 797 is similar to legislation passed by the 
Senate in the 109th Congress, the Committee did not request 
Executive Agency views on S. 797. The testimony provided by the 
Department of the Interior at the Subcommittee hearing on S. 
958 in the 109th Congress follows:

Statement of Stephen P. Martin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the committee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 958, a bill to amend 
the National Trails System Act to designate the Star-Spangled 
Banner Trail as a National Historic Trail.
    The Department supports S. 958, which would designate an 
approximately 290-mile land and water trail extending from 
southern Maryland through the District of Columbia and Virginia 
along the Chesapeake Bay. The land routes would follow existing 
public roads, along which British and American troops traveled. 
The bill would require the Secretary to encourage public 
participation and consult with landowners, Federal, State, and 
local agencies on the administration of the trail. The bill 
would prohibit land or interest in land outside the exterior 
boundaries of any federally administered area from being 
acquired for the trail without the consent of the owner.
    The proposed National Historic Trail would commemorate the 
events leading up to the writing of ``The Star-Spangled 
Banner'' during the Chesapeake Campaign of the War of 1812. 
These events include the British invasion of Maryland, the 
Battle of Bladensburg, the burning of the White House and the 
Capitol, the burning of the Washington Navy Yard, and the 
Battle for Baltimore in the summer of 1814. The route of the 
invasion is known and documented, and the proposed trail would 
follow it as closely as practical.
    The War of 1812 and the Chesapeake Campaign of 1814 had 
long-lasting and far-reaching effects on the United States and 
American culture. It represented the first major test of our 
infant democracy, contributed to the formation of a national 
identity, and demonstrated the importance of a strong military 
and the need for coastal defenses. During the campaign, other 
events occurred that are significant to our nation's heritage, 
particularly the writing of the poem commemorating a key 
battle--the Battle for Baltimore. Francis Scott Key's poem, the 
words of which comprise our National Anthem, celebrated the 
resiliency of the young nation and the flag he described as 
``The Star-Spangled Banner'' during the successful defense of 
Fort McHenry. The events provide important testimony, too, 
about the roles of the enslaved and civilians in the early 
defense of the nation.
    Should S. 958 be enacted, the National Park Service, 
subject to availability of funds, would prepare a comprehensive 
management plan with widespread public participation to 
identify the goals and objectives for trail preservation, 
research, interpretation, public use, trail marking, and 
cooperative management. The bill recognizes the advantages 
offered by the regional nature of the trail and the many 
organizations interested in and associated with the history of 
the Chesapeake Campaign. Several key trail-related resources, 
such as Fort McHenry and the White House, are owned by the 
Federal government. We anticipate that other trail-related 
resources such as structures within Old Town Alexandria in 
Virginia or Jefferson Patterson Park and Museum in Maryland 
will primarily remain in local or private ownership.
    In 1999, the Star-Spangled Banner National Historic Trail 
Study Act (Public Law 106-135) was enacted authorizing the 
Secretary of the Interior to study the potential route of a 
Star-Spangled Banner National Historic Trail. The history, 
background, integrity, and national significance of the trail 
were researched and analyzed. The criteria for national trails, 
set forth in the National Trails Systems Act, were applied, and 
five of the eight trail study segments were found to meet the 
necessary criteria. The proposed 290-mile trail would only 
include these five segments.
    Providing conservation and enjoyment of, public access to, 
and interpretation of the historic route and its resources has 
been a growing focus of both public and private initiatives in 
recent years as the Bicentennial of the War of 1812 approaches. 
In Maryland, a grassroots initiative was undertaken to raise 
public awareness of the important events that occurred in the 
Chesapeake region in the summer of 1814 during the War of 1812. 
Historians and regional groups recognized the untold stories 
and legacy of the events of the Chesapeake Campaign and the 
need for protection and interpretation of related historical 
resources.
    The proposed trail represents an opportunity for an 
effective partnership among Federal, State, and local 
governments, a dedicated trail organization, and the many 
public and private site managers to administer and maintain a 
federally designated commemorative trail along the historic 
routes of the Chesapeake Campaign. Because of its emphasis on 
partnerships, this approach provides the greatest flexibility 
for resource protection while creating a framework for 
interpretation and visitor experience.
    Mr. Chairman, that concludes my remarks and I would be 
happy to respond to any questions that you and the committee 
may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 797, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                    Public Law 90-543--Oct. 2, 1968


                        (16 U.S.C. 1241 et seq.)


  AN ACT To establish a national trails system, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Trails System 
Act''.

           *       *       *       *       *       *       *


SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.

    (a) National Scenic and national historic trails shall be 
authorized and designated only by Act of Congress. There are 
hereby established the following National Scenic and National 
Historic Trails:

           *       *       *       *       *       *       *

          (26) Star-spangled banner national historic trail.--
                  (A) In general.--The Star-Spangled Banner 
                National Historic Trail, a trail consisting of 
                water and overland routes totaling 
                approximately 290 miles extending from Tangier 
                Island, Virginia, through southern Maryland, 
                the District of Columbia, and northern Virginia 
                in the Chesapeake Bay, Patuxent River, Potomac 
                River, and north to the Patapsco River and 
                Baltimore, Maryland, commemorating the 
                Chesapeake Campaign of the War of 1812 
                (including the British invasion of Washington, 
                District of Columbia, and its associated feints 
                and the Battle of Baltimore in summer 1814), as 
                generally depicted on the maps contained in the 
                report entitled `Star-Spangled Banner National 
                Historic Trail Feasibility Study and 
                Environmental Impact Statement', and dated 
                March 2004.
                  (B) Map.--A map generally depicting the trail 
                shall be maintained on file and available for 
                public inspection in the appropriate offices of 
                the National Park Service.
                  (C) Administration.--Subject to subparagraph 
                (E)(ii), the trail shall be administered by the 
                Secretary of the Interior.
                  (D) Land acquisition.--No land or interest in 
                land outside the exterior boundaries of any 
                federally administered area may be acquired by 
                the United States for the trail except with the 
                consent of the owner of the land or interest in 
                land.
                  (E) Public participation.--The Secretary of 
                the Interior shall--
                          (i) encourage communities, owners of 
                        land along the trail, and volunteer 
                        trail groups to participate in the 
                        planning, development, and maintenance 
                        of the trail; and
                          (ii) consult with other affected 
                        landowners and Federal, State, and 
                        local agencies in the administration of 
                        the trail.
                  (F) Interpretation and assistance.--Subject 
                to the availability of appropriations, the 
                Secretary of the Interior may provide to State 
                and local governments and nonprofit 
                organizations interpretive programs and 
                services and technical assistance for use in--
                          (i) carrying out preservation and 
                        development of the trail; and
                          (ii) providing education relating to 
                        the War of 1812 along the trail.

           *       *       *       *       *       *       *


                                  
