[Senate Report 117-171]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 513
117th Congress     }                                   {       Report
                                 SENATE
 2d Session        }                                   {      117-171

======================================================================



 
               NATIONAL LIBERTY MEMORIAL PRESERVATION ACT

                                _______
                                

               September 27, 2022.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 6201]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 6201), to extend the authority for the 
establishment of a commemorative work to honor enslaved and 
free Black persons who served in the American Revolution, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                PURPOSE

    The purpose of H.R. 6201 is to extend the legislative 
authority for the establishment of the National Liberty 
Memorial, a commemorative work to honor enslaved and free black 
persons who served in the American Revolution.

                          BACKGROUND AND NEED

    Historians estimate that between 10 and 15 percent of the 
Continental Army during the Revolutionary War was composed of 
African Americans--in total, between 5,000 and 10,000 free and 
enslaved persons. Soldiers such as Salem Poor, Primus Hall, and 
Prince Whipple--George Washington's bodyguard--were commended 
for their valor and selflessness in the midst of battle. At the 
end of the war, some enslaved soldiers earned their freedom, 
but many who had fought in place of their white owners returned 
to spend the remainder of their lives in slavery.
    Interest in creating a memorial that commemorates enslaved 
and free Black Americans who fought in the Revolutionary War 
dates back to the 1980s. In 1986, Congress authorized 
construction of a Black Revolutionary War Patriots Memorial. 
Although Congress extended the authorization for the memorial 
on multiple occasions, ultimately the authorization expired. 
The memorial sponsors revised their plan in 2005 and proposed a 
new commemorative work authorization with a new name, the 
National Liberty Memorial.
    The National Liberty Memorial was originally authorized by 
Congress in 2013 (section 2860 of Public Law 112-239). The law 
authorized Liberty Fund DC, a non-profit organization, to build 
the memorial. On September 26, 2014, the Memorial was 
authorized to be located in Area I, as defined by the 
Commemorative Works Act. The legislative authority for the 
memorial, as provided for in the Commemorative Works Act, 
expired on September 26, 2021.
    H.R. 6201 would extend the legislative authority for the 
National Liberty Memorial through September 30, 2027.

                          LEGISLATIVE HISTORY

    H.R. 6201 was introduced in the House of Representatives by 
Representative Watson Coleman and others on December 8, 2021. 
The Subcommittee on National Parks, Forests, and Public Lands 
held a hearing on H.R. 6201 on February 3, 2022, and the bill 
was reported by the House Natural Resources Committee on April 
25, 2022 (H. Rept. 117-299). H.R. 6201 passed the House by a 
voice vote on April 26, 2022. A companion bill, S. 3334, was 
introduced by Senators Grassley and Murphy on December 8, 2021. 
Senator Casey is a cosponsor. The Subcommittee on National 
Parks held a hearing on S. 3334 on May 11, 2022.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 6201.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title of the bill, the 
``National Liberty Memorial Preservation Act.''

Section 2. Extension of Authority for Establishment of Commemorative 
        Work

    Section 2 extends the authority provided to the National 
Liberty Memorial through September 30, 2027.

Section 3. Determination of budgetary effects

    Section 3 is a budgetary effects statement.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of H.R. 6201, as ordered 
reported by the House Committee on Natural Resources on 
February 15, 2022, has been provided by the Congressional 
Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 6201 would extend, through September 30, 2027, the 
authority of the National Mall Liberty Fund to construct a 
commemorative work on federal land within the District of 
Columbia honoring enslaved and free Black soldiers and 
civilians who contributed to the nation's independence during 
the American Revolutionary War.
    The project would be subject to the provisions of the 
Commemorative Works Act. Under that act, any entity that 
receives a construction permit for a commemorative work must 
donate an amount equal to 10 percent of the memorial's 
estimated construction costs to the National Park Foundation, a 
nonprofit organization whose subsequent donations to the 
National Park Service are recorded on the budget. That donation 
and any project funds remaining after construction would be 
available for maintenance of the memorial without further 
appropriation.
    Based on the experience from similar projects, CBO expects 
that any amounts collected by the federal government for 
maintenance of the monument would not be received for several 
years and would be offset by expenditures soon thereafter. 
Thus, CBO estimates that the bill's net effect on direct 
spending would be negligible.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of 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 H.R. 6201. 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 H.R. 6201, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 6201, 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 Department of the Interior at 
the May 11, 2022 hearing on S. 3334 (the Senate companion bill 
to H.R. 6201) follows:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior.

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to provide the 
Department of the Interior's views on S. 3334, the National 
Liberty Memorial Preservation Act.
    The Department supports this legislation.
    S. 3334 extends the authority for the establishment of a 
commemorative work to honor enslaved and free Black persons who 
served in the American Revolution. The National Liberty 
Memorial was originally authorized on January 2, 2013 (P.L. 
112-239). On September 26, 2014 (P.L. 113-176), the Memorial 
was authorized to be established in Area I, as defined by the 
Commemorative Works Act (Act) (P.L. 99-652; 40 U.S.C. Ch. 89). 
The authority, as provided for in the Commemorative Works Act, 
was for a seven-year period, which expired on September 26, 
2021.
    The Department believes that this commemorative subject 
rises to the level of preeminent and lasting historical 
significance to the United States. The bravery and dedication 
demonstrated by both freemen and slaves during the American 
Revolution are well documented but not well known. Soldiers 
such as Salem Poor, Primus Hall, and Prince Whipple--George 
Washington's bodyguard--were commended for their valor and 
selflessness in the midst of battle. Many more Black soldiers 
fought in both segregated and integrated units; historians 
estimate that between 10 and 15 percent of the Continental Army 
was composed of Black free and enslaved persons. At the end of 
the war, some enslaved soldiers earned their freedom, but many 
who had fought in place of their white owners, returned to 
spend the remainder of their lives in slavery.
    These invaluable contributions to America's independence 
are worthy of widespread recognition and commemoration. The 
Department notes that since the initial authorization in 2013, 
the site selection has not yet been completed. We understand 
that raising considerable funding while working through the 
site selection, design, and construction process is time 
consuming and look forward to continued progress. Due to the 
significance of the commemorative subject, the Department 
supports this legislation and agrees that an extension of seven 
additional years would be appropriate.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions 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, the Committee notes that no 
changes in existing law are made by the Act H.R. 6201 as 
ordered reported.

                                  [all]