[House Report 106-189]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-189
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STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL STUDY ACT OF 1999
_______
June 17, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 791]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 791) to amend the National Trails System Act to designate
the route of the War of 1812 British invasion of Maryland and
Washington, District of Columbia, and the route of the American
defense, for study for potential addition to the national
trails system, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Star-Spangled Banner National Historic
Trail Study Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the British invasion of Maryland and Washington, District
of Columbia, during the War of 1812 marks a defining period in
the history of our Nation, the only occasion on which the
United States of America has been invaded by a foreign power;
(2) the Star-Spangled Banner National Historic Trail traces
the arrival of the British fleet in the Patuxent River in
Calvert County and St. Mary's County, Maryland, the landing of
British forces at Benedict, the sinking of the Chesapeake
Flotilla at Pig Point in Prince George's County and Anne
Arundel County, Maryland, the American defeat at the Battle of
Bladensburg, the siege of the Nation's Capital, Washington,
District of Columbia (including the burning of the United
States Capitol and the White House), the British naval
diversions in the upper Chesapeake Bay leading to the Battle of
Caulk's Field in Kent County, Maryland, the route of the
American troops from Washington through Georgetown, the
Maryland Counties of Montgomery, Howard, and Baltimore, and the
city of Baltimore, Maryland, to the Battle of North Point, and
the ultimate victory of the Americans at Fort McHenry on
September 14, 1814, where a distinguished Maryland lawyer and
poet, Francis Scott Key, wrote the words that captured the
essence of our national struggle for independence, words that
now serve as our national anthem, the Star-Spangled Banner; and
(3) the designation of this route as a national historic
trail--
(A) would serve as a reminder of the importance of
the concept of liberty to all who experience the Star-
Spangled Banner National Historic Trail; and
(B) would give long overdue recognition to the
patriots whose determination to stand firm against
enemy invasion and bombardment preserved this liberty
for future generations of Americans.
SEC. 3. DESIGNATION OF TRAIL FOR STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is
amended--
(1) by redesignating paragraph (36) (as added by section 3 of
the El Camino Real Para Los Texas Study Act of 1993 (107 Stat.
1497)) as paragraph (37) and in subparagraph (C) by striking
``detemine'' and inserting ``determine'';
(2) by designating the paragraphs relating to the Old Spanish
Trail and the Great Western Scenic Trail as paragraphs (38) and
(39), respectively; and
(3) by adding at the end the following:
``(40) Star-Spangled Banner National Historic Trail.--
``(A) In general.--The Star-Spangled Banner National Historic
Trail, tracing the War of 1812 route from the arrival of the
British fleet in the Patuxent River in Calvert County and St.
Mary's County, Maryland, the landing of the British forces at
Benedict, the sinking of the Chesapeake Flotilla at Pig Point,
the American defeat at the Battle of Bladensburg, the siege of
the Nation's Capital, Washington, District of Columbia
(including the burning of the United States Capitol and the
White House), the British naval diversions in the upper
Chesapeake Bay leading to the Battle of Caulk's Field in Kent
County, Maryland, the route of the American troops from
Washington through Georgetown, the Maryland Counties of
Montgomery, Howard, and Baltimore, and the city of Baltimore,
Maryland, to the Battle of North Point, and the ultimate
victory of the Americans at Fort McHenry on September 14, 1814.
``(B) Affected areas.--The trail crosses 8 counties within
the boundaries of the State of Maryland, the city of Baltimore,
Maryland, and Washington, District of Columbia.
``(C) Coordination with other congressionally mandated
activities.--The study under this paragraph shall be undertaken
in coordination with the study authorized under section 603 of
the Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 1a-5 note; 110 Stat. 4172) and the Chesapeake Bay
Gateways and Watertrails Network authorized under the
Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note; 112
Stat. 2961). Such coordination shall extend to any research
needed to complete the studies and any findings and
implementation actions that result from the studies and shall
use available resources to the greatest extent possible to
avoid unnecessary duplication of effort.
``(D) Deadline for study.--Not later than 2 years after funds
are made available for the study under this paragraph, the
study shall be completed and transmitted with final
recommendations to the Committee on Resources in the House of
Representatives and the Committee on Energy and Natural
Resources in the Senate.''.
Purpose of the Bill
The purpose of H.R. 791 is to amend the National Trails
System Act to designate the route of the War of 1812 British
invasion of Maryland and Washington, District of Columbia, and
the route of the American defense, for study for potential
addition to the national trails system.
Background and Need for Legislation
H.R. 791 would authorize a study to designate, as a
National Historic Trail, the route of the War of 1812 British
invasion of Maryland and Washington, D.C., along with the route
of the American defense. The proposed trail would go through
six Maryland counties, Washington D.C., and the City of
Baltimore, Maryland. The trail would begin in Calvert County,
Maryland, where British forces made a combined naval and land
attack in August 1814. It then would proceed to the U.S.
Capitol (burned by the British in this campaign), the White
House, and the Battle of Bladensburg in Prince George's County
where the American troops were defeated by the British. It also
would include British naval invasions of the Upper Chesapeake
Bay in Cecil County and the battle of Caulk's Field in Kent
County. The trail would ultimately lead to Fort McHenry, where,
on September 14, 1814, American forces bravely defeated and
turned back the British invasion of Baltimore. It was during
the siege of Fort McHenry that Francis Scott Key was inspired
to write our national anthem, ``The Star-Spangled Banner.''
The designation of this route as a National Historic Trail
would serve as a reminder of the importance of the concept of
liberty to all who experience it, and give long overdue
recognition to the patriots whose determination to stand firm
against enemy invasion and bombardment preserved this liberty
for future generations of Americans.
Committee Action
H.R. 791 was introduced on February 23, 1999, by
Congressman Wayne Gilchrest (R-MD). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On April 20,
1999, a hearing was held where Denis Galvin, Deputy Director of
the National Park Service, testified in favor of the
legislation with minor amendments. On April 29, 1999, the
Subcommittee met to consider the bill. Congressman James V.
Hansen (R-UT) offered an amendment which would coordinate the
study authorized by this bill with other Congressionally-
mandated studies, as well as set a two-year deadline for the
study's completion. The amendment was adopted by voice vote.
The bill, as amended, was then ordered favorably reported to
the Full Committee by voice vote. On June 9, 1999, the Full
Resources Committee met to consider the bill. No further
amendments were offered and the bill, as amended, was ordered
favorably reported to the House of Representatives by voice
vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by 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, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 16, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 791, the Star-
Spangled Banner National Historic Trail Study Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 791--Star-Spangled Banner National Historic Trail Study Act of
1999
H.R. 791 would provide for the study of two routes for
potential inclusion in the National Trails System. The National
Park Service (NPS) would coordinate the study of the route of
the British invasion of Maryland and Washington, DC, in the War
of 1812 and the route of the American defense with ongoing
studies of the War of 1812 and other related projects. Based on
information provided by the NPS and assuming appropriation of
the necessary amounts, CBO estimates that the trail study would
cost the federal government around $250,000 over the next two
years.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 791
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of state, local or tribal
governments.
On May 26, 1999, CBO prepared a cost estimate for S. 441,
the Star-Spangled Banner National Historic Trail Study Act of
1999, as ordered reported by the Senate Committee on Energy and
Natural Resources on May 19, 1999. S. 441 and H.R. 791 are
identical, as are the two estimates.
The CBO staff contact is Deborah Reis. This estimate was
approved by Paul N. Van de Water, Assistant Director for Budget
Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt State, local or tribal
law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
SECTION 5 OF THE NATIONAL TRAILS SYSTEM ACT
national scenic and national historical trails
Sec. 5. (a) * * *
* * * * * * *
(c) The following routes shall be studied in accordance with
the objectives outlined in subsection (b) of this section:
(1) * * *
* * * * * * *
[(36)] (37)(A) El Camino Real Para Los Texas, the approximate
series of routes from Saltillo, Monclova, and Guerrero, Mexico
across Texas through San Antonio and Nacogdoches, to the
vicinity of Los Adaes, Louisiana, together with the evolving
routes later known as the San Antonio Road.
* * * * * * *
(C) The Secretary of the Interior is authorized to work in
cooperation with the government of Mexico (including, but not
limited to providing technical assistance) to [detemine]
determine the suitability and feasibility of establishing an
international historic trail along the El Camino Real Para Los
Texas.
* * * * * * *
[( )] (38) The Old Spanish Trail, beginning in Santa Fe, New
Mexico, proceeding through Colorado and Utah, and ending in Los
Angeles, California, and the Northern Branch of the Old Spanish
Trail, beginning near Espanola, New Mexico, proceeding through
Colorado, and ending near Crescent Junction, Utah.
[( )] (39) The Great Western Scenic Trail, a system of
trails to accommodate a variety of travel users in a corridor
of approximately 3,100 miles in length extending from the
Arizona-Mexico border to the Idaho-Montana-Canada border,
following the approximate route depicted on the map identified
as ``Great Western Trail Corridor, 1988'', which shall be on
file and available for public inspection in the Office of the
Chief of the Forest Service, United States Department of
Agriculture. The trail study shall be conducted by the
Secretary of Agriculture, in consultation with the Secretary of
the Interior, in accordance with subsection (b) and shall
include--
(A) the current status of land ownership and current
and potential use along the designated route;
(B) the estimated cost of acquisition of lands or
interests in lands, if any; and
(C) an examination of the appropriateness of
motorized trail use along the trail.
(40) Star-Spangled Banner National Historic Trail.--
(A) In general.--The Star-Spangled Banner National
Historic Trail, tracing the War of 1812 route from the
arrival of the British fleet in the Patuxent River in
Calvert County and St. Mary's County, Maryland, the
landing of the British forces at Benedict, the sinking
of the Chesapeake Flotilla at Pig Point, the American
defeat at the Battle of Bladensburg, the siege of the
Nation's Capital, Washington, District of Columbia
(including the burning of the United States Capitol and
the White House), the British naval diversions in the
upper Chesapeake Bay leading to the Battle of Caulk's
Field in Kent County, Maryland, the route of the
American troops from Washington through Georgetown, the
Maryland Counties of Montgomery, Howard, and Baltimore,
and the city of Baltimore, Maryland, to the Battle of
North Point, and the ultimate victory of the Americans
at Fort McHenry on September 14, 1814.
(B) Affected areas.--The trail crosses 8 counties
within the boundaries of the State of Maryland, the
city of Baltimore, Maryland, and Washington, District
of Columbia.
(C) Coordination with other congressionally mandated
activities.--The study under this paragraph shall be
undertaken in coordination with the study authorized
under section 603 of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 1a-5 note; 110 Stat.
4172) and the Chesapeake Bay Gateways and Watertrails
Network authorized under the Chesapeake Bay Initiative
Act of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such
coordination shall extend to any research needed to
complete the studies and any findings and
implementation actions that result from the studies and
shall use available resources to the greatest extent
possible to avoid unnecessary duplication of effort.
(D) Deadline for study.--Not later that 2 years after
funds are made available for the study under this
paragraph, the study shall be completed and transmitted
with final recommendations to the Committee on
Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the
Senate.