[House Report 116-640]
[From the U.S. Government Publishing Office]


116th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 116-640

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  TO DIRECT THE SECRETARY OF THE INTERIOR TO REMOVE THE STATUE TO THE 
MEMORY AND IN HONOR OF ALBERT PIKE ERECTED NEAR JUDICIARY SQUARE IN THE 
              DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES

                                _______
                                

 December 14, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4135]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4135) to direct the Secretary of the Interior to 
remove the statue to the memory and in honor of Albert Pike 
erected near Judiciary Square in the District of Columbia, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. REMOVAL OF STATUE OF ALBERT PIKE.

  (a) Removal.--The Secretary of the Interior, acting through the 
Director of the National Park Service, shall remove the statue to the 
memory and in honor of Albert Pike erected near Judiciary Square in the 
District of Columbia under the ``Joint Resolution Granting permission 
for the erection of a monument or statue in Washington City, District 
of Columbia, in honor of the late Albert Pike.'', approved April 9, 
1898 (30 Stat. 737).
  (b) Relocation.--The Secretary of the Interior may donate the statue 
to a museum or other similar entity, as determined appropriate by the 
Secretary, to ensure its preservation and interpretation in an indoor 
setting. The recipient of the statue may not store, display, or exhibit 
the statue outside.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4135 is to direct the Secretary of the 
Interior to remove and appropriately dispose of the statue to 
the memory and in honor of Albert Pike erected near Judiciary 
Square in the District of Columbia.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4135, as reported, requires the Secretary of the 
Interior to remove and appropriately dispose of the statue of 
Albert Pike erected near Judiciary Square in the District of 
Columbia. The bill permits the Secretary of the Interior to 
donate the statue to a museum or other similar entity, as 
determined appropriate by the Secretary, to ensure its 
preservation and interpretation in an indoor setting. The 
legislation stipulates that the recipient of the statue may not 
store, display, or exhibit the statue outside.
    Albert Pike commanded armed forces against the United 
States as a brigadier general in the Confederate States Army 
for two years before he was accused of treason and ultimately 
forced to resign in disgrace following reports from his fellow 
officers that he was misappropriating funds and that soldiers 
under his command were known to mutilate the bodies of American 
soldiers. Following the war and a pardon from President Andrew 
Johnson, Pike moved to Washington, D.C., in 1868 and played an 
influential role in growing the largest Scottish Rite branch of 
the Freemasons. The Masons lobbied Congress for land to erect a 
monument to Pike and donated the majority of the funds needed 
to build and install the statue in 1901. The Freemasons are in 
support of permanently removing the statue ``so that it shall 
not serve as a source of contention or strife for the residents 
of [their] community.''\1\ The D.C. Mayor and D.C. Council also 
support permanent removal of the statue.\2\
---------------------------------------------------------------------------
    \1\Jenna Portnoy, A Homeless Confederate? Albert Pike's Complicated 
Legacy Leaves Statue in Limbo, Wash. Post. (Oct. 30, 2017), https://
www.washingtonpost.com/local/dc-politics/a-homeless-confederate-albert-
pikes-complicated-legacy-leaves-statue-in-limbo/2017/10/16/40fe05d6-
aa10 11e7 92d1 58c702d2d975_story.html.
    \2\See, e.g., Council of DC (@councilofdc), Twitter (June 19, 2020, 
11:48 PM), https://twitter.com/councilofdc/status/1274187263736532998 
(noting Council efforts since 1992, including a unanimous resolution in 
2017).
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                            COMMITTEE ACTION

    H.R. 4135 was introduced on July 30, 2019, by 
Representative Eleanor Holmes Norton (D-DC). The bill was 
referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on National Parks, 
Forests, and Public Lands. On July 21, 2020, the Subcommittee 
held a hearing on the bill. On September 30, 2020, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Chair Raul M. Grijalva (D-
AZ) offered an amendment designated Grijalva #1. The amendment 
was agreed to by voice vote. No additional amendments were 
offered, and the bill, as amended, was adopted and ordered 
favorably reported to the House of Representatives by voice 
vote.

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 4135: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on July 21, 
2020.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of Rule XIII, the general performance goals and 
objectives of this bill are to direct the Secretary of the 
Interior to remove and appropriately dispose of the statue to 
the memory and in honor of Albert Pike erected near Judiciary 
Square in the District of Columbia.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.