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                                                       Calendar No. 242
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-150

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



 
            STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL ACT

                                _______
                                

                October 19, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 958]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 958) to amend the National Trails System 
Act to designate the Star-Spangled Banner Trail in the States 
of Maryland and Virginia and the District of Columbia as a 
National Historic Trail, having considered the same, reports 
favorably thereon with amendments and recommends that the bill, 
as amended, do pass.
    The amendments are as follows:
    1. On page 2, strike lines 7 through 10 and insert the 
following:

          ``(A) In general.--The Star-Spangled Banner National 
        Historic Trail, a trail consisting of water and 
        overland routes totaling approximately 290 miles 
        extending from southern''.

    2. On page 2, line 18, strike ``draft''.

                         Purpose of the Measure

    The purpose of S. 958 is to designate the Star-Spangled 
Banner Trail in the States of Maryland and Virginia and the 
District of Columbia as a National Historic Trail.

                          Background and Need

    National Historic Trails are components of the National 
Trails System which commemorate major routes of historic travel 
and major events that have shaped American history. To date, 15 
National Historic Trails have been established, including the 
Lewis and Clark, Pony Express, Selma to Montgomery, Trail of 
Tears, and most recently the El Camino Real de los Tejas 
National Historic Trails. To be designated as a National 
Historic Trail, a trail must meet three basic criteria: it must 
be nationally significant, have a documented route through maps 
or journals, and provide recreational opportunities.
    Presently there is little recognition of the events that 
made up the War of 1812 outside of Fort McHenry. The sites 
along the National Historic Trail would mark some of the most 
important events of the War of 1812. The trail, commemorating 
the only combined naval and land attack on the United States, 
begins with the June 1814 battles between the British Navy and 
the American Chesapeake Flotilla in St. Leonard's Creek in 
Calvert County, and ends at Fort McHenry in Baltimore, site of 
the composition of our National Anthem, and the defeat of the 
British. A series of land and water trails connecting these 
important sites would provide the public with a thematically 
consistent account of the events that made up the War of 1812.

                          Legislative History

    S. 958 was introduced by Senators Sarbanes and Mikulski on 
April 28, 2005. The Subcommittee on National Parks held a 
hearing on S. 958 on July 28, 2005. At its business meeting on 
September 28, 2005, the Committee on Energy and Natural 
Resources ordered S. 958, with amendment, favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 28, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 958, if 
amended as described herein.

                          Committee Amendment

    During consideration of S. 958, the Committee adopted two 
clarifying amendments. The first makes clear that the 290-mile 
trail is comprised of a series of water and overland routes. 
The second clarifies that the suitability and feasibility 
report prepared by the National Park Service was a final and 
not a draft report.

                      Section-by-Section Analysis

    Section 1 cites the Act as the `Star-Spangled Banner 
National Historic Trail Act.'
    Section 2 amends the National Trails System Act to 
designate the 290-mile long Star-Spangled Banner National 
Historic Trail, in Maryland, the District of Columbia and 
Virginia. The section also sets forth the administration 
requirements for the trail.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 958--Star-Spangled Banner National Historic Trail Act

    S. 958 would amend the National Trails System Act to 
designate the Star-Spangled Banner Trail as a National Historic 
Trail. The trail of almost 300 miles would cover parts of 
Maryland, Virginia, and the District of Columbia to commemorate 
the events leading up to the writing of the ``Star-Spangled 
Banner'' during the Chesapeake Campaign of the War of 1812. The 
National Park Service (NPS) would administer the trail and 
coordinate the efforts of public and private entities on trail 
administration, planning, development, and maintenance.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that 
establishing, developing, and administering the proposed 
historic trail would cost about $2 million over the 2006-2010 
period. Of this amount, we estimate that the NPS would spend a 
total of $325,000 over the next two years to prepare a 
comprehensive management plan for the trail. In addition, we 
estimate that the NPS would spend about $400,000 annually 
beginning in 2007 for archeological surveys, trail maintenance, 
development of access sites, and interpretive signs.
    S. 958 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Peter H. Fontaine, 
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. 958. 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. 958, as ordered reported.

                        Executive Communications

    The views of the Administration on S. 958 were included in 
testimony received by the Committee at a hearing on the bill on 
July 28, 2005 as follows:

Statement of Stephen P. Martin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the committee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 958, a bill to amend 
the National Trails System Act to designate the Star-Spangled 
Banner Trail as a National Historic Trail.
    The Department supports S. 958, which would designate an 
approximately 290-mile land and water trail extending from 
southern Maryland through the District of Columbia and Virginia 
along the Chesapeake Bay. The land routes would follow existing 
public roads, along which British and American troops traveled. 
The bill would require the Secretary to encourage public 
participation and consult with landowners, Federal, State, and 
local agencies on the administration of the trail. The bill 
would prohibit land or interest in land outside the exterior 
boundaries of any federally administered area from being 
acquired for the trail without the consent of the owner.
    The proposed National Historic Trail would commemorate the 
events leading up to the writing of ``The Star-Spangled 
Banner'' during the Chesapeake Campaign of the War of 1812. 
These events include the British invasion of Maryland, the 
Battle of Bladensburg, the burning of the White House and the 
Capitol, the burning of the Washington Navy Yard, and the 
Battle for Baltimore in the summer of 1814. The route of the 
invasion is known and documented, and the proposed trail would 
follow it as closely as practical.
    The War of 1812 and the Chesapeake Campaign of 1814 had 
long-lasting and far-reaching effects on the United States and 
American culture. It represented the first major test of our 
infant democracy, contributed to the formation of a national 
identity, and demonstrated the importance of a strong military 
and the need for coastal defenses. During the campaign, other 
events occurred that are significant to our nation's heritage, 
particularly the writing of the poem commemorating a key 
battle--the Battle for Baltimore. Francis Scott Key's poem, the 
words of which comprise our National Anthem, celebrated the 
resiliency of the young nation and the flag he described as 
``The Star-Spangled Banner'' during the successful defense of 
Fort McHenry. The events provide important testimony, too, 
about the roles of the enslaved and civilians in the early 
defense of the nation.
    Should S. 958 be enacted, the National Park Service, 
subject to availability of funds, would prepare a comprehensive 
management plan with widespread public participation to 
identify the goals and objectives for trail preservation, 
research, interpretation, public use, trail marking, and 
cooperative management. The bill recognizes the advantages 
offered by the regional nature of the trail and the many 
organizations interested in and associated with the history of 
the Chesapeake Campaign. Several key trail-related resources, 
such as Fort McHenry and the White House, are owned by the 
Federal government. We anticipate that other trail-related 
resources such as structures within Old Town Alexandria in 
Virginia or Jefferson Patterson Park and Museum in Maryland 
will primarily remain in local or private ownership.
    In 1999, the Star-Spangled Banner National Historic Trail 
Study Act (Public Law 106-135) was enacted authorizing the 
Secretary of the Interior to study the potential route of a 
Star-Spangled Banner National Historic Trail. The history, 
background, integrity, and national significance of the trail 
were researched and analyzed. The criteria for national trails, 
set forth in the National Trails Systems Act, were applied, and 
five of the eight trail study segments were found to meet the 
necessary criteria. The proposed 290-mile trail would only 
include these five segments.
    Providing conservation and enjoyment of, public access to, 
and interpretation of the historic route and its resources has 
been a growing focus of both public and private initiatives in 
recent years as the Bicentennial of the War of 1812 approaches. 
In Maryland, a grassroots initiative was undertaken to raise 
public awareness of the important events that occurred in the 
Chesapeake region in the summer of 1814 during the War of 1812. 
Historians and regional groups recognized the untold stories 
and legacy of the events of the Chesapeake Campaign and the 
need for protection and interpretation of related historical 
resources.
    The proposed trail represents an opportunity for an 
effective partnership among Federal, State, and local 
governments, a dedicated trail organization, and the many 
public and private site managers to administer and maintain a 
federally designated commemorative trail along the historic 
routes of the Chesapeake Campaign. Because of its emphasis on 
partnerships, this approach provides the greatest flexibility 
for resource protection while creating a framework for 
interpretation and visitor experience.
    Mr. Chairman, that concludes my remarks and I would be 
happy to respond to any questions that you and the committee 
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 
S. 958, 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 90-543--OCT. 2, 1968


 AN ACT To establish a national trails system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              SHORT TITLE

    Section 1. This Act may be cited as the ``National Trails 
System Act''.

           *       *       *       *       *       *       *


                         NATIONAL SCENIC TRAILS

    Sec. 5. (a) National scenic trails shall be authorized and 
designated only by Act of Congress. There are hereby 
established as the initial National Scenic Trails:

           *       *       *       *       *       *       *

          (25)  Star-spangled banner national historical 
        Trail.--
                  (A) In general.--The Star-Spangled Banner 
                National Historic Trail, a trail not consisting 
                of water and overland routes totaling 
                approximately 290 miles extending from southern 
                Maryland through the District of Columbia and 
                Virginia, and north to Baltimore, Maryland, 
                commemorating the Chesapeake Campaign of the 
                War of 1812 (including British invasion of 
                Washington, District of Columbia, and its 
                associated feints and the Battle of Baltimore 
                in summer 1814), as generally depicted on the 
                maps contained in the report entitled `Star-
                Spangled Banner National Historic Trail 
                Feasibility Study and Environmental Impact 
                Statement,' and dated March 2004.
                  (B) Map.--A map generally depicting the trail 
                shall be maintained on file and available for 
                public inspection in the appropriate offices of 
                the National Park Service.
                  (C) Administration.--Subject to subparagraph 
                (E)(ii), the trail shall be administered by the 
                Secretary of the Interior.
                  (D) Land acquisition.--No land or interest in 
                land outside the exterior boundaries of any 
                federally administered area may be acquired by 
                the United States for the trail except with the 
                consent of the owner of the land or interest in 
                land.
                  (E) Public participation.--The Secretary of 
                the Interior shall--
                          (i) encourage communities, owners of 
                        land along the trail, and volunteer 
                        trail groups to participate in the 
                        planning, development, and maintenance 
                        of the trail; and
                          (ii) consult with other affected 
                        landowners and Federal, State, and 
                        local agencies in the administration of 
                        the trail.
                  (F) Interpretation and assistance.--Subject 
                to the availability of appropriations, the 
                Secretary of the Interior may provide to State 
                and local governments and nonprofit 
                organizations interpretive programs and 
                services and, through Fort McHenry National 
                Monument and Shrine, technical assistance, for 
                use in carrying out preservation and 
                development of, and education relating to the 
                War of 1812 along, the trail.