[Senate Report 111-263]
[From the U.S. Government Publishing Office]
Calendar No. 533
111th Congress Report
SENATE
2d Session 111-263
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NATIONAL LIBERTY MEMORIAL ACT
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August 15, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2738]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2738) to authorize National Mall Liberty
Fund D.C. to establish a memorial on Federal land in the
District of Columbia to honor free persons and slaves who
fought for independence, liberty, and justice for all during
the American Revolution, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
The amendments are as follows:
1. On page 1, strike lines 3 through 5.
2. On page 2, strike line 1 and insert the following:
SECTION 1. FINDING.
3. On page 2, line 7, strike ``3'' and insert ``2''.
4. On page 2, strike line 14 and insert the following: 869/
86501B and dated June 24, 2003.
5. On page 2, line 21, strike ``4(a)'' and insert ``3(a)''.
6. On page 2, strike line 22 and insert the following:
SEC. 3. MEMORIAL AUTHORIZATION.
7. On page 3, line 10, strike ``5'' and insert ``4''.
Purpose
The purpose of S. 2738 is to authorize the National Mall
Liberty Fund D.C., a non-profit organization based in the
District of Columbia, to construct a memorial on Federal land
in the District of Columbia to honor the 5,000 slaves and free
Black persons who served as soldiers or provided civilian
assistance during the American Revolution.
Background and Need
The Commemorative Works Act (40 U.S.C. 8901 et seq.)
establishes the requirements for the construction of
commemorative works (statues, monuments, sculptures, memorials,
etc.) on Federal land in the District of Columbia. In general,
the Act requires that a private entity wishing to construct a
memorial must first be authorized by Congress. The entity is
then required to raise all of the funds necessary for the
commemorative work, with an extra 10 percent to be used to
offset maintenance costs. Before receiving a construction
permit, the sponsoring entity must receive site and design
approvals from the Secretary of the Interior, the Commission of
Fine Arts, and the National Capital Planning Commission.
If a memorial is proposed to be located within the
monumental core area of the District of Columbia, the Secretary
of the Interior is required to make a finding that ``the
subject of the commemorative work is of preeminent historical
and lasting significance to the United States.'' If the
Secretary makes that determination, then Congress must enact a
joint resolution approving the location of the commemorative
work within the monumental core area.
In 2003 Congress amended the Commemorative Works Act to
provide that no new commemorative works could be located within
an area designated as the Reserve, essentially the cross-axis
of the National Mall, running from the Capitol to the Lincoln
Memorial, and from the White House to the Jefferson Memorial,
including the land south of Independence Avenue between the
Potomac River and the Tidal Basin.
In 1986 Congress authorized the Black Revolutionary War
Patriots Memorial Foundation to establish the Black
Revolutionary War Patriots Memorial to honor the 5,000
courageous slaves and free Black persons who served as soldiers
or provided civilian assistance during the American Revolution.
In 1987 Congress enacted a second law, Public Law 100-265,
authorizing placement of that memorial within the monumental
core area as it was then defined by the Commemorative Works
Act. In 1988, the National Park Service, the Commission of Fine
Arts, and the National Capital Planning Commission approved a
site in Constitution Gardens for the Black Revolutionary War
Patriots Memorial and, in 1996, approved the final design.
Despite four extensions of the memorial's legislative
authorization over 21 years, the Foundation was unable to raise
sufficient funds for construction, the authority (and
associated site and design approvals) finally lapsed in October
2005, and the Foundation disbanded with numerous outstanding
debts and unpaid creditors.
S. 2738 would authorize a new non-profit organization,
National Mall Liberty Fund D.C., to construct a commemorative
work honoring the same individuals as proposed by the original
Black Revolutionary War Patriots Memorial.
Legislative History
S. 2738 was introduced by Senators Dodd and Grassley
November 5, 2009. The Subcommittee on National Parks held a
hearing on the bill on December 3, 2009. The Committee on
Energy and Natural Resources considered the bill and adopted
amendments at its business meeting on June 16, 2010. The
Committee further modified the amendments and ordered S. 2738
favorably reported, as amended, at its business meeting on June
21, 2010.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 2738, if amended as
described herein.
Committee Amendments
During the consideration of S. 2738, the Committee adopted
amendments that deleted the bill's short title, made several
conforming changes to the bill, and corrected a map reference.
Section-by-Section Analysis
Section 1 contains a Congressional finding that subject
matter of the proposed memorial--the contributions of free
persons and slaves who fought during the American Revolution--
were of preeminent historical and lasting significance, as
required under the Commemorative Works Act.
Section 2 defines key terms used in the bill.
Section 3(a) authorizes the establishment of a memorial on
federal land in the District of Columbia to recognize and
commemorate the contributions of 5,000 African Americans who
served as soldiers and sailors or provided civilian assistance
during the Revolutionary War.
Subsection (b) prohibits the use of federal funds to
establish the memorial.
Subsection (c) directs that the memorial be established
according to the Commemorative Works Act.
Section 4 repeals two laws for the authorization and site
selection of the previously authorized Black Revolutionary War
Patriots Memorial, the legislative authority for which has
expired.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2738--A bill to authorize National Mall Liberty Fund D.C. to
establish a memorial on federal land in the District of
Columbia to honor free persons and slaves who fought for
independence, liberty, and justice for all during the American
Revolution
S. 2738 would authorize a nonprofit organization to
establish a commemorative work honoring African-American
Revolutionary War soldiers and others. The bill would affect
direct spending; therefore, pay-as-you-go procedures would
apply to the legislation. However, CBO estimates that the net
effect on the budget of enacting the legislation would be
insignificant in any year.
S. 2738 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.
S. 2738 would authorize the National Mall Liberty Fund D.C.
to establish a memorial to honor slaves and free persons who
fought for or provided other assistance to the American war
effort during the American Revolution. The legislation would be
subject to the requirements of the Commemorative Works Act
(CWA) and would prohibit the use of federal funds for the
memorial. Under the CWA, any entity that receives a permit to
construct a memorial in the District of Columbia or its
environs must deposit in the Treasury an amount equal to 10
percent of the memorial's estimated construction cost. Based on
similar commemorative projects, CBO expects that the deposit
would not be received for several years, and that spending of
the amounts received would be minimal in any fiscal year.
The CBO staff contact for this estimate is Martin von
Gnechten. 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 S. 2738.
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. 2738, as ordered reported.
Congressionally Directed Spending
S. 2738, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
December 3, 2009 Subcommittee hearing on S. 2738 follows:
Statement of Katherine H. Stevenson, Assistant Director, Business
Services, National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 2738, a bill to
authorize the National Mall Liberty Fund D.C. to establish a
memorial on federal land in the District of Columbia to honor
free persons and slaves who fought for independence, liberty,
and justice for all during the American Revolution.
The Department supports S. 2738 if amended to conform to
the principles, processes, and requirements set forth in the
Commemorative Works Act, which has successfully guided the
process for establishing monuments in the Nation's Capital
since it was enacted in 1986 and as amended since that time. We
also recommend that one technical correction be made to a map
reference in the bill.
The bill would authorize the establishment of a memorial on
federal land in the District of Columbia to recognize and
commemorate the contributions of 5,000 African Americans who
served as soldiers and sailors or provided civilian assistance
during the American Revolutionary War. The bill prohibits the
use of federal funds to establish the memorial, directs that
the memorial be established according to the Commemorative
Works Act, and repeals two laws for the authorization and site
selection of a similar memorial proposal that expired.
In 1986, Congress enacted the Commemorative Works Act to
guide the process for establishing memorials in the Nation's
Capital. Since its enactment, the Act has played an important
role in ensuring that memorials in the Nation's Capital are
erected on the most appropriate sites and are of a caliber of
design that is worthy of their historically significant
subjects. The Act was amended in 2003 to, among other things,
provide for establishment of a Reserve where no additional
memorials may be located.
While S. 2738 states that the memorial shall be established
in accordance with the Commemorative Works Act, the bill
contravenes a critical requirement of the Commemorative Works
Act by pre-selecting Area I as the site for this memorial.
Area I is located within the Monumental Core of the
Nation's Capital extending around the Capitol Reflecting Pool
to the eastern boundary of Arlington National Cemetery and
along the Virginia shoreline. Area I excludes the Reserve, the
great cross-axis of the Mall, which generally extends from the
United States Capitol to the Lincoln Memorial, and from the
White House to the Jefferson Memorial. Congress, in the
Commemorative Works Act, reserved Area I for subjects
determined to be of preeminent and lasting historic
significance to the Nation and it established a process for
making this determination which has worked well for over 20
years. Through this process, a new memorial may be located in
Area I only if the Secretary determines, after consulting with
the National Capital Memorial Advisory Commission, which holds
public meetings, that the memorial's subject warrants location
in Area I and recommends it to Congress. If Congress agrees
with the recommendation, it enacts a law within 150 days
approving the location. As currently written, S. 2738 bypasses
this important process.
Following the Commemorative Works Act, in the Department's
view, would not hinder the Liberty Memorial Foundation in its
ability to establish this memorial. In fact, if it obtains an
Area I designation through this process, it would be granted an
additional seven years to complete the memorial, for a total of
14 years. This change was made by Congress when it amended the
Commemorative Works Act in 2003, and as a result sponsors no
longer need to fear that seeking an Area I designation might
cost them their authority to establish the memorial at all.
We also would note out that S. 2738 makes no provisions for
the disposition of monies raised in excess of funds needed for
the establishment of the memorial or to hold in reserve the
amount available should the authority to establish the memorial
expire before completion. The Department recommends that the
bill be amended to clarify the disposition of these funds.
The Department also notes that the bill references the 1986
map, which Congress amended in 2003 when it changed the
boundaries of Area I and created the Reserve. The 1986 map is
no longer valid. We recommend that the bill be amended to
reference the revised map, numbered 869/86501B and dated June
24, 2003.
The Department reiterates our support of the establishment
of a memorial in the Nation's Capital that recognizes and
commemorates the contributions of African Americans who fought
for independence, liberty and justice during the Revolutionary
War. We look forward to the opportunity to work with the
subcommittee to develop language that would provide for such
authorization in a manner consistent with the principles,
processes, and requirements set forth by existing authorities.
Mr. Chairman, that concludes my prepared testimony, I would
be glad to answer any questions that you or 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, changes in existing law made by
the Act S. 2738 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):
A. AN ACT To authorize the erection of a memorial on Federal land in
the District of Columbia and its environs to honor the estimated five
thousand courageous slaves and free black persons who served as
soldiers and sailors or provided civilian assistance during the
American Revolution and to honor the countless black men, women, and
children who ran away from slavery or filed petitions with courts and
legislatures seeking their freedom.
(Approved October 27, 1986, Public Law 99-558)
[Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
[AUTHORIZATION OF MEMORIAL
[Section 1. The Black Revolutionary War Patriots Foundation
is authorized to establish a memorial on Federal land in the
District of Columbia and its environs to honor the estimated
five thousand courageous slaves and free black persons who
served as soldiers and sailors or provided civilian assistance
during the American Revolution and to honor the countless black
men, women, and children who ran away from slavery or filed
petitions with courts and legislatures seeking their freedom.
Such memorial shall be established in accordance with the
provisions of H.R. 4378, as approved by the House of
Representative on September 29, 1986.
[FUNDING
[Sec. 2. The Black Revolutionary War Patriots Foundation
shall establish the memorial with non-Federal funds.]
* * * * * * *
B. Joint Resolution approving the location of the Black Revolutionary
War Patriots Memorial
(Approved March 25, 1988; Public Law 100-265)
[Whereas section 6(a) of the Act entitled ``An Act to
provide standards for placement of commemorative works on
certain Federal lands in the District of Columbia and its
environs, and for other purposes'', approved November 14, 1986
(100 Stat. 3650, 36511, provides that the location of a
commemorative work in the area described therein as area I
shall be deemed disapproved unless, not later than one hundred
and fifty days after the Secretary of the Interior or the
Administrator of General Services notifies the Congress of his
determination that the commemorative work should be located in
area I, the location is approved by law;
[Whereas the joint resolution approved October 27, 1986
(100 Stat. 31441, authorizes the Black Revolutionary War
Patriots Foundation to establish a memorial on Federal land in
the District of Columbia and its environs to honor the
estimated five thousand courageous slaves and free black
persons who served as soldiers and sailors or provided civilian
assistance during the American Revolution and to honor the
countless black men, women, and children who ran away from
slavery or filed petitions with courts and legislatures seeking
their freedom; and
[Whereas the Secretary of the Interior has notified the
Congress of his determination that the memorial authorized by
the said joint resolution approved October 27, 1986, should be
located in area I: Now, therefore, be it
[Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
location of a commemorative work to honor the slaves and free
black persons who served as soldiers and sailors or provided
civilian assistance during the American Revolution and to honor
the black men, women, and children who ran away from slavery or
filed petitions with courts and legislatures seeking their
freedom, authorized by the joint resolution approved October
27, 1986 (100 Stat. 31441, in the area described in the Act
approved November 14, 1986 (100 Stat. 36501, as area I, is
hereby approved.]
* * * * * * *