[Senate Report 107-267]
[From the U.S. Government Publishing Office]
Calendar No. 584
107th Congress Report
SENATE
2d Session 107-267
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GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT
_______
September 11, 2002.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1943]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1943) to expand the boundary of the
George Washington Birthplace National Monument, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
On page 2, strike lines 4 through 15 and insert the
following:
``The Secretary of the Interior (in this Act referred to as
the `Secretary') is authorized to acquire the lands, or
interests therein, referenced in section 1 by purchase,
donation, or exchange, except that lands or interests therein
may be acquired only with the consent of the owner thereof.
``SEC. 3. ADMINISTRATION.
``Upon the acquisition of the lands, or interests therein,
referenced in section 1, the Secretary shall administer them in
accordance with laws generally applicable to the National
Monument and units of the National Park System, including the
Act approved August 25, 1916 (16 U.S.C. 1, 2-4) and the Act
approved August 21, 1935 (16 U.S.C. 461 et seq.).
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as may
be necessary to carry out this Act.''.
PURPOSE
The purpose of S. 1943 is to expand the boundary of the
George Washington Birthplace National Monument in Virginia to
include the Muse Farm, approximately 115 acres of land,
adjacent to the monument boundary.
BACKGROUND AND NEED
George Washington Birthplace National Monument was
established in 1930 and today encompasses 550 acres in northern
Virginia, approximately 70 miles south of Washington, D.C. At
the time of Washington's birth in 1732, the site was known as
the Pope's Creek Plantation, and was owned by Washington's
father, Augustine Washington. George Washington lived at the
plantation for the first three years of his life and returned
periodically thereafter. The original home, known as Wakefield,
burned in 1779, leaving only the foundation. In addition to the
foundation, the park also includes the archaeological remains
of several outbuildings, a commemorative colonial revival
plantation, and the family burial grounds.
S. 1943 would authorize the inclusion of a 115-acre
adjacent tract known as the Muse property. The tract has been
farmed by the Muse family since 1668, and the family's
ancestors were contemporaries of the Washingtons. According to
the National Park Service, acquisition of the Muse property is
essential to the integrity of the monument and would prevent
likely new development that could degrade the pastoral setting
and significant natural and cultural resources.
LEGISLATIVE HISTORY
S. 1943 was introduced by Senators Warner and Allen on
February 13, 2002. The Subcommittee on National Parks held a
hearing on S. 1943 on July 18, 2002. At the business meeting on
July 31, 2002, the Committee on Energy and Natural Resources
ordered S. 1943, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 31, 2002, by a voice vote of a
quorum present, recommends that the Senate pass S. 943, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1943, the Committee on
Energy and Natural Resources adopted a clarifying amendment.
This amendment clarifies that the 115-acre Muse farm may be
acquired on a willing seller basis and, upon its acquisition,
shall be managed in accordance with the laws applicable to
National Monuments and units of the National Parks System. The
amendment also adds standard authorization of appropriations
language. The amendment deletes section 3 in the bill, which
contained management language that is already applicable.
SECTION-BY-SECTION ANALYSIS
Section 1 modifies the boundaries of the George Washington
Birthplace National Monument to include an area comprising
approximately 115 acres.
Section 2 authorizes the Secretary of the Interior to
acquire lands, or interests therein, within the boundaries of
the National Monument, from willing owners of donation,
purchase with donated money or approximated funds, or exchange.
Section 3 requires the Secretary to the Interior to
preserve and interpret the history and resources associated
with George Washington, the generations of the Washington
family who lived in the vicinity and their contemporaries, and
18th century plantation life and society.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 15, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1943, a bill to
expand the boundary of the George Washington Birthplace
National Monument, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 1943--A bill to expand the boundary of the George Washington
Birthplace National Monument, and for other purposes
S. 1943 would expand the boundary of the George Washington
Birthplace National Monument in Virginia to include an adjacent
115-acre parcel of land. The National Park Service (NPS) would
be authorized to acquire the parcel by donation, purchase, or
exchange.
Based on information provided by the NPS and the property's
owners and assuming appropriation of the necessary amounts, CBO
estimates that it would cost between $1 million and $2 million
over the next year or two to purchase the added parcel. We
estimate that additional costs to develop and operate the
expanded national monument would not be significant.
The legislation 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 August 14, 2002, CBO transmitted a cost estimate for
H.R. 3449, a bill to revise the boundaries of the George
Washington Birthplace National Monument, as ordered reported by
the House Committee on Resources on July 24, 2002. H.R. 3449
and S. 1943 are very similar, and the estimated costs of the
two bills are identical.
The CBO staff contact for this estimate is Deborah Reis.
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. 1943. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant 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. 1943.
EXECUTIVE COMMUNICATIONS
The pertinent legislative report received by the Committee
from the Department of the Interior setting forth Executive
agency recommendations relating to S. 1943 is set forth below:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, July 26, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 1943, a bill to expand the
boundary of George Washington Birthplace National Monument. The
Department supports the enactment of this bill.
This bill would authorize the addition of approximately 115
acres to the National Monument (Muse property). It also
authorizes the Secretary of the Interior to acquire lands or
interests in lands within the boundary from willing sellers by
donation, by purchase with donated money or appropriated funds
or by exchange. Finally, it directs the Secretary to preserve
and interpret the history and resources associated with George
Washington, and the generations of the Washington family who
lived in the vicinity, as well as their contemporaries, along
with 17th and 18th century plantation life and society. Land
acquisition costs are estimated to be $700,000. Operational
costs are estimated to be $20,000 per year.
The Department remains committed to the President's
Initiative to reduce the maintenance backlog of the National
Park Service. While the Department recognizes that this
legislation may divert funds from this effort, the acquisition
of the Muse property is essential to the viability of this
nationally significant resource.
George Washington Birthplace National Monument was
established as a unit of the National Park System in 1930 to
preserve the grounds and structures associated with the
birthplace of George Washington. It was here, along the lower
reaches of the Potomac River that the man who was to become our
Nation's first president was born in 1732. At that time, this
site was known as Popes Creek Plantation, owned and operated by
George Washington's father, Augustine Washington. The park is
part of a cultural landscape that has remained rural 270 years
after George Washington's birth. Located in Westmoreland
County, Virginia, the National Monument includes a memorial
mansion with a kitchen, farm buildings, various outbuildings,
an 18th Century working farm, and a visitor's center. The park
also contains woodlands, wetlands, and agricultural fields.
Even today, descendants of the Washington family continue to
live in the area.
This proposed legislation would include within the park
boundary a privately owned parcel of land comprised of
approximately 115 acres, known as the Muse tract, which is
completely surrounded by the park, the Potomac River, and Popes
Creek. Park roadsprovide the only access to this neighbor's
land. This tract has been farmed by the Muse family since 1668, was
contemporary with the Washington Family farm (Popes Creek Plantation),
and is historically significant since it is directly connected with the
plantation. Acquisition of this tract is vital to the integrity of the
park and would prevent development that could degrade the park's
pastoral setting and significant natural and cultural resources. The
park's 1968 Master Plan contained a land acquisition plan showing fee
acquisition of this privately owned tract and indicated that the Muse
property could be used for historic farming or could be planted to
retain the appearance of a cultural landscape.
The boundaries of the National Monument have been modified
numerous times since the first memorial was erected at the site
in 1896. The park presently contains about 550 acres. For
generations, the surrounding community has been a partner to
the National Park service in the protection of George
Washington's birthplace. Many of the landowners, such as the
Muse Family, come from families that have for generations
farmed the fertile soils of Virginia's Northern Neck. It is
only in the recent past that the area has started to change.
Recreational use, vacations homes, and commuters to Washington,
DC, and Richmond have increased the local population
significantly creating development pressure that is beginning
to encroach on the park. If the Muse tract is not acquired
there is potential for commercial development that would
directly threaten park values since the tract is surrounded by
parklands. The Muse family has indicated their willingness to
be included within the park boundary for eventual acquisition
by the National Park service or a park partner. The demand for
land in the surrounding area is so significant that there is
little doubt that the peaceful setting, the pastoral charm, and
the quiet dignity of the tombs of several generations of
Washingtons would be destroyed by the intrusion of modern
development within the park without this legislation. Recently,
a one-acre parcel of land that was proposed to be included
within the park was sold.
The National Monument also contains significant natural
resources. The Muse tract includes half of the Digwood Swamp (a
known bald eagle habitat and nesting area), extensive
grasslands, riparian and upland forests, marshes, beaches, and
cliffs (most likely with significant archaeological artifacts
from the Woodland and Colonial periods as well as
paleontological resources) and shares the shores of Popes Creek
with the park. All are relatively pristine in nature and intact
ecologically. These habitats are important to wildlife found
within the park that use surrounding areas as conveyances to
and from feeding, resting, and breeding areas. The preservation
of this national treasure can only be accomplished by including
the Muse tract within the boundary of the park.
The proposal to add the Muse property to the National
Monument is supported by the Westmoreland County Board of
Supervisors, the Chantilly Chapter of the Daughters of the
American Revolution, the National Parks Mid-Atlantic Council,
the George Washington Birthplace National Memorial Association,
and most importantly the owners of the property.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
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 S. 1943.