[Senate Report 112-118]
[From the U.S. Government Publishing Office]
Calendar No. 280
112th Congress Report
SENATE
2d Session 112-118
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ESTABLISHMENT OF A MEMORIAL TO HONOR CONTRIBUTIONS OF FREE PERSONS AND
SLAVES DURING THE AMERICAN REVOLUTION
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 883]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 883) 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 without amendment and recommends that the
bill do pass.
Purpose
The purpose of S. 883 is to authorize the National Mall
Liberty Fund D.C., 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 on Federal land in the District of
Columbia. In general, the Act requires that a private entity
wishing to construct a memorial must first get authorization
from Congress. 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
(Public Law 99-558).
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. 883 would authorize another non-profit organization, the
National Mall Liberty Fund D.C., to construct a commemorative
work honoring the same individuals as proposed by the Black
Revolutionary War Patriots Memorial Foundation, subject to the
requirements of the Commemorative Works Act.
Legislative History
S. 883 was introduced by Senators Lieberman and Grassley on
May 4, 2011. The Subcommittee on National Parks held a hearing
on S. 883 on July 28, 2011. At its business meeting on November
10, 2011, the Committee on Energy and Natural Resources ordered
S. 883 favorably reported without amendment.
A similar bill, S. 2738, was introduced by Senators Dodd
and Grassley in the 111th Congress. The Subcommittee on
National Parks held a hearing on the bill on December 3, 2009
(S. Hrg. 111-318). S. 2738 was favorably reported with
amendments by the Committee at its business meeting on June 21,
2010 (S. Rept. 111-263).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 10, 2011, by voice vote of a
quorum present recommends that the Senate pass S. 883.
Section-by-Section Analysis
Section 1 contains a Congressional finding that the subject
matter of the proposed memorial--the contributions of free
persons and slaves who fought during the American Revolution--
is of preeminent historical and lasting significance, as
required under the Commemorative Works Act. The effect of this
provision is that the memorial can be located within the
monumental core area (Area I) referenced in the Commemorative
Works Act without the need for a subsequent Act and Congress
approving such location.
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. (40 U.S.C. 8901 et
seq.).
Section 4 repeals the two laws relating to 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. 883--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. 883 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 apply.
However, CBO estimates that the net effect on the budget of
enacting the legislation would be insignificant in any year.
S. 883 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 donate 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.
S. 883 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.
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. 883.
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. 883, as ordered reported.
Congressionally Directed Spending
S. 883, 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
July 28, 2011, Subcommittee on National Parks hearing on S. 883
follows:
Statement of Peggy O'Dell, Deputy Director, 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. 883, 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. 883 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.
The bill would authorize the establishment of a memorial on
federal land in Area I 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 have already lapsed by operation of law.
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
located, designed and erected in a manner that is worthy of
their historically significant subjects. The act was amended in
2003 to, among other things, provide for establishment of the
Reserve where no additional memorials may be located.
While S. 883 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-authorizing the memorial to be located within Area
I. In effect, the bill directs that the memorial be located
within Area I without benefit of public participation or the
participation of the Secretary of the Interior, circumventing
the process Congress has adhered to since 1986. This preempts
the Secretary's responsibility to recommend Area I designations
to Congress for Congress to consider and act upon, and it
curtails the roles of the National Capital Planning Commission
and the Commission of Fine Arts.
The Commemorative Works Act, as amended, designates federal
land in two areas in the District of Columbia and environs on
which memorials could be sited within the District of Columbia,
and one area, known as the Reserve, where no additional
memorials can be located. These areas are depicted on the
attached map which is designated in the Act. All memorials
authorized to be located on this federal land in the District
of Columbia and environs are authorized to seek sites within
the portion of the map designated as Area II. However, 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 if the
Congress agrees with the Secretary's determination by passing
legislation to this effect within 150 days. Area I is within
the Monumental Core of the Nation's Capital extending from
Third Street, N.W. to the eastern boundary of Arlington
National Cemetery and along the shoreline on the Virginia side
of the Potomac River.
The Department's position regarding adherence to the
Commemorative Works Act process for Area I designation is
consistent with the position taken by the National Capital
Memorial Advisory Commission, which reviewed S. 883 at its
public meeting on June 23, 2011. The Commission recommended
support for S. 883 if brought into conformance with the
Commemorative Works Act by deleting the word ``preeminent'' in
Section 1, and the reference to Area I in Section 2(A)(i).
In the Department's view, following the Commemorative Works
Act would not hinder the Liberty Memorial Foundation in its
ability to establish this memorial. In fact, if the Foundation
obtains an Area I designation through the Commemorative Works
Act process, the Foundation's 7-year statutory period to
establish the memorial is automatically extended seven more
years, beginning on the enactment of the Area I designation,
instead of expiring at the 7-year point. This change to give
sponsors seven more years for a memorial when seeking an Area I
designation, was made by Congress when it amended the
Commemorative Works Act in 2003, and as a result, sponsors no
longer need to factor into their goals that seeking an Area I
designation would reduce the time available to them to locate,
fund and design their memorials.
We also would point out that S. 883 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
lapse. The Department recommends that the bill be amended to
clarify the disposition of these funds.
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 bill S. 883 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 99-558--Oct. 27, 1986
* * * * * * *
JOINT RESOLUTION 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.
[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.]
Public Law 100-265--Mar. 25, 1988
* * * * * * *
JOINT RESOLUTION Approving the location of the Black Revolutionary War
Patriots Memorial.
[[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, 3651, 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.]