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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-189

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



 
     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.