[Senate Report 110-98]
[From the U.S. Government Publishing Office]
Calendar No. 228
110th Congress Report
SENATE
1st Session 110-98
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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.
* * * * * * *