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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-392

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



 
             PRISON SHIP MARTYRS' MONUMENT PRESERVATION ACT

                                _______
                                

 April 1, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1501]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1501) to direct the Secretary of the Interior to 
study the suitability and feasibility of designating the Prison 
Ship Martyrs' Monument in Fort Greene Park, in the New York 
City borough of Brooklyn, as a unit of the National Park 
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 all after the enacting clause and insert the 
following:

SECTION 1. PRISON SHIP MARTYRS' MONUMENT STUDY; REPORT.

  (a) Short Title.--This section may be cited as the ``Prison Ship 
Martyrs' Monument Preservation Act''.
  (b) Study.--
          (1) In general.--The Secretary of the Interior shall complete 
        a study to determine the suitability and feasibility of 
        designating the Prison Ship Martyrs' Monument in Fort Greene 
        Park, in the New York City borough of Brooklyn, as a unit of 
        the National Park System.
          (2) Applicable law.--The study required under this subsection 
        shall be conducted in accordance with section 8(c) of the 
        National Park System General Authorities Act (16 U.S.C. 1a-
        5(c)).
          (3) Content of study.--The study shall include--
                  (A) an analysis of operational issues that should be 
                considered if the Prison Ship Martyrs' Monument were to 
                be designated as a unit of the National Park System;
                  (B) an analysis of the feasibility of administering 
                the Prison Ships Martyrs' Monument, considering its 
                size, configuration, and other factors, including an 
                annual cost estimate;
                  (C) an analysis of the economic, educational, and 
                other impacts of the designation of the Prison Ship 
                Martyrs' Monument as a unit of the National Park 
                System;
                  (D) an analysis of the effect of the designation of 
                the Prison Ship Martyrs' Monument as a unit of the 
                National Park System on--
                          (i) existing commercial and recreational 
                        activities, and on the authorization, 
                        construction, operation, maintenance, or 
                        improvement of energy production and 
                        transmission infrastructure; and
                          (ii) the authority of State and local 
                        governments to manage those activities; and
                  (E) an identification of any authorities, including 
                condemnation, that will compel or permit the Secretary 
                of the Interior to influence or participate in local 
                land use decisions (such as zoning) or place 
                restrictions on non-Federal lands if the Prison Ship 
                Martyrs' Monument is designated as a unit of the 
                National Park System.
  (c) Notification of Private Property Owners.--Upon commencement of 
the study, owners of private property in or adjacent to the Prison Ship 
Martyrs' Monument shall be notified of the study's commencement and 
scope.
  (d) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of the Interior shall transmit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report 
containing the conclusions of the study required by subsection (b).

                          PURPOSE OF THE BILL

    The purpose of H.R. 1501 is to direct the Secretary of the 
Interior to study the suitability and feasibility of 
designating the Prison Ship Martyrs' Monument in Fort Greene 
Park, in the New York City borough of Brooklyn, as a unit of 
the National Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1501 authorizes the National Park Service to conduct a 
study of the Prison Ship Martyrs' Monument in Brooklyn, New 
York, to determine its eligibility to become a unit of the 
National Park System.
    The Prison Ship Martyrs' Monument in Fort Greene Park is a 
memorial to the more than 11,500 American prisoners of war who 
died in captivity aboard 16 British prison ships during the 
American Revolutionary War.
    Dedicated on November 15, 1908, the granite monument 
consists of a single doric column 149 feet in height. 
Currently, the New York City Department of Parks and Recreation 
is responsible for the monument and completed a restoration 
project in 2008.
    H.R. 1501 authorizes a ``special resource study'' to be 
conducted by the National Park Service. The study will 
determine if the site meets the test for suitability and 
national significance to become a unit of the National Park 
System and provide different federal, local and non-
governmental management proposals. The study is informational; 
Congress would still have to act on separate legislation to 
designate the park.
    Legislative language has been included to require that the 
study consider potential impacts on recreational uses. The 
study will also have to identify those authorities, including 
condemnation, which will allow the Park Service to become 
involved in local zoning issues, or have influence over private 
property.

                            COMMITTEE ACTION

    H.R. 1501 was introduced on April 11, 2013, by Congressman 
Hakeem S. Jeffries (D-NY). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
February 26, 2014, the Subcommittee on Public Lands and 
Environmental Regulation held a hearing on the bill. On March 
13, 2014, the Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1; the amendment 
was adopted by unanimous consent. The bill as amended was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            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

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 1501--Prison Ship Martyrs' Monument Preservation Act

    H.R. 1501 would require the National Park Service (NPS) to 
conduct a study of the Prison Ship Martyrs' Monument in New 
York City to determine the suitability and feasibility of 
designating the monument as a unit of the National Park System. 
Based on information provided by the NPS and assuming the 
availability of appropriated funds, CB0 estimates that carrying 
out the study required by H.R. 1501 would cost about $150,000. 
Enacting H.R. 1501 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1501 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by the NPS and assuming the availability 
of appropriated funds, CBO estimates that carrying out the 
study required by H.R. 1501 would cost about $150,000.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to direct the Secretary of the 
Interior to study the suitability and feasibility of 
designating the Prison Ship Martyrs' Monument in Fort Greene 
Park, in the New York City borough of Brooklyn, as a unit of 
the National Park System.

                           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.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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