```

[Senate Report 108-61]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 125
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-61

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

 
              BEAUFORT, SOUTH CAROLINA, STUDY ACT OF 2003

                                _______
                                

                  June 9, 2003.--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. 500]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 500) to direct the Secretary of the 
Interior to study certain sites in the historic district of 
Beaufort, South Carolina, relating to the Reconstruction Era, 
having considered the same, reports favorably thereon with an 
amendment and recommends 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 ``Beaufort County, South Carolina, 
Study Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Study area.--The term ``study area'' means the historical 
        sites in Beaufort County, South Carolina, relating to the 
        Reconstruction Era including--
                  (A) the Penn School;
                  (B) the Old Fort Plantation on the Beaufort River;
                  (C) the Freedman's Bureau in Beaufort College;
                  (D) the first Freedman's Village of Mitchellville on 
                Hilton Head Island;
                  (E) various historic buildings and archaeological 
                sites associated with Robert Smalls;
                  (F) the Beaufort Arsenal; and
                  (G) other significant sites relating to the 
                Reconstruction Era.

SEC. 3. SPECIAL RESOURCE STUDY.

    (a) Study.--The Secretary shall conduct a special resource study of 
the study area to assess the national significance, suitability of 
designating the study area as a unit of the National System in 
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
    (b) Report.--Not later than 3 years after the date on which funds 
are made available to carry out the special resource study, the 
Secretary shall submit to Congress a report that describes the findings 
of the study and any conclusions and recommendations of the Secretary.

SEC. 4. THEME STUDY.

    (a) Study.--The Secretary shall conduct a national historic 
landmark theme study to identify sites and resources in the United 
States that are significant to the Reconstruction Era, and shall 
include recommendations for commemorating and interpreting sites and 
resources identified by the theme study such as sites that should be 
nominated as national historic landmarks and sites that warrant further 
study for potential inclusion in the National Park System.
    (b) Report.--Not later than 3 years after the date on which funds 
are made available to carry out the theme study, the Secretary shall 
submit to the Congress a report that describes the findings of the 
study and any conclusions and recommendations of the Secretary.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appointed such sums as are necessary to 
carry out this Act.

                         PURPOSE OF THE MEASURE

    The purpose of S. 500 is to direct the Secretary of the 
Interior to study certain sites in and around Beaufort, South 
Carolina, relating to the Reconstruction Era for potential 
designation as a unit of the National Park System.

                          BACKGROUND AND NEED

    The National Park System does not now have a park unit that 
focuses chiefly on the preservation and interpretation of the 
Reconstruction Era following the Civil War.
    The Beaufort, South Carolina area, includes several sites 
that could contribute to the understanding of the 
Reconstruction Era. Beaufort was once known as ``the 
wealthiest, most aristocratic and cultivated town of its size 
in America.'' It still includes many well-preserved buildings 
in its historic district and the surrounding area.
    Among the area's historic sites, is the Penn Center on St. 
Helena Island. The Penn Center was the first attempt to provide 
former slaves with the knowledge and resources to transition to 
freedmen. It was established in a back room at the Oaks 
Plantation House on the island in June 1862. Initially, the 
Penn Center was an agricultural school. Later, industrial 
courses were added and the trades of carpentry, black smithing, 
wheel wrighting, harness making, cobbling and mechanics were 
taught. It is the only school for freed slaves founded during 
the Civil War that is still operational. The Penn Center was 
designated as a National Historic Landmark in 1974.
    Also, the Freedmen's Bureau, located in the restored 
Beaufort College, served as the Federal Government's policy 
headquarters for matters related to emancipated slaves during 
Reconstruction. The Old Fort Plantation on the Beaufort River 
is said to be the site where African-Americans first heard 
Abraham Lincoln's Emancipation Proclamation on January 1, 1863.
    Cape Sexton was the site of the first African-American 
regiment mustered in the United States Army. The Freedmen's 
Village of Mitchellville is nearby on Hilton Head Island. 
Finally, the home of Civil War hero Robert Smalls is also in 
the area. Smalls is famous for escaping slavery by piloting a 
Confederate ship past rebel forces at Charleston Harbor and 
delivering it into Union hands in Beaufort. Smalls later served 
in the United States House of Representatives.
    Under S. 500, the National Park Service would conduct a 
special resources study to determine if these and other 
resources would be appropriate for addition to the National 
Park System.

                          LEGISLATIVE HISTORY

    S. 500 was introduced on March 3, 2003. The Subcommittee on 
National Parks held a hearing on S. 500 on May 13, 2003. A 
companion measure, H.R. 332, was introduced by Representative 
Wilson on January 8, 2003. A similar bill, S. 2388, was 
introduced by Senator Hollings during the 107th Congress. The 
Subcommittee on National Parks held a hearing on S. 2388 on 
June 20, 2002. At the business meetings on July 31, 2002, the 
Committee on Energy and Natural Resources ordered S. 2388, as 
amended, favorably reported. The text of S. 2388 was included 
in an amendment to S. 1894, which passed the Senate on November 
19, 2002.
    At the business meeting on May 21, 2003, the Committee on 
Energy and Natural Resources ordered S. 500, as amended, 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 2003, by a voice vote of a quorum 
present, recommends that the Senate pass S. 500, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 500, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
minor clarifying changes. The amendment is explained in detail 
in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 designates the short title of the bill as the 
``Beaufort, South Carolina Study Act of 2003.''
    Section 2 defines key terms used in the bill.
    Section 3 directs the Secretary of the Interior to conduct 
a special resource study, sets forth requirements for 
conducting the study and consultation, and provides that a 
report on the findings, conclusions, and recommendations of the 
study be submitted to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Resources of the 
House of Representatives within 3 years from the date on which 
funds are made available.
    Section 4 directs the Secretary of the Interior to conduct 
a National Historic Landmark theme study identifying sites and 
resources that are significant to the Reconstruction Era. The 
section also sets forth requirements for conducting the study 
and provides that a report on the findings, conclusions, and 
recommendations of the study be submitted to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives within 3 fiscal years 
from the date on which funds are made available.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 28, 2003.
Hon. Pete V. Domenici,
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. 500, the Beaufort, 
South Carolina, Study Act of 2003.
    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 Douglas Holtz-Eakin, Director).
    Enclosure.

S. 500--Beaufort, South Carolina, Study Act of 2003

    S. 500 would direct the Department of the Interior to 
conduct a special resource study of historic sites in Beaufort 
County, South Carolina, to determine if they could be 
collectively designated as a unit of the National Park System. 
The bill also would direct the department to conduct a national 
historic landmark theme study to identify sites in the United 
States that are significant to the Reconstruction Era. S. 500 
would authorize the appropriation of whatever amounts are 
necessary for the two studies and require the department to 
report its findings and recommendations to the Congress within 
three years of receiving funds.
    Assuming the availability of appropriated funds, CBO 
estimates that it would cost about $300,000 over the next three 
years to complete the required studies and report. Enacting the 
bill would not affect direct spending or revenues.
    S. 500 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 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. 500. 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. 500, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May, 12, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 500. These reports 
had not been received at the time the report on S. 500 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

Statement of Sue Masica, Associate Director, Park Planning, Facilities, 
   and Lands, National Park Service, U.S. Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 500. This bill directs 
the Secretary of the Interior to study certain sites in the 
historic district of Beaufort, South Carolina, relating to the 
Reconstruction Era of United States history.
    The Department supports S. 500, with the amendments 
described in this testimony. On June 20, 2002, the Department 
testified in support of S. 2388, a similar bill, with suggested 
amendments. Several of the amendments were adopted and S. 500 
is almost identical to S. 2388 as passed by the Senate in the 
107th Congress.
    The cost of the studies should be $350,000 for the theme 
study and $250,000 for the special resource study, although the 
final cost of the special resource study may be less due to 
some degree of examination that the Beaufort area sites would 
receive as a part of the larger theme study. National Historic 
Landmark theme studies are funded from a variety of sources 
including, in some cases, the special resource study budget, 
which is about $1 million in FY 2003. There are 29 studies 
previously authorized by Congress that are being funded from 
the special resource study budget, nearly half of which will 
have at least some funding needs beyond Fiscal Year 2003. We 
transmitted 6 special resource studies to Congress in Fiscal 
Year 2002, and we expect to transmit about 15 this fiscal year 
or early next fiscal year. Our highest priority is to complete 
pending studies, though we expect to start newly authorized 
studies as soon as funds are made available.
    S. 500 authorizes the Secretary of the Interior to conduct 
a special resource study of historical sites in the historic 
district of Beaufort, South Carolina, relating to the 
Reconstruction Era. The study would evaluate the sites' 
national significance and the suitability and feasibility of 
designating them as a unit of the National Park System. The 
bill specifies that the study be conducted in accordance with 
P.L. 91-383 (16 U.S.C. 1a-1 et seq.), which contains the 
criteria for studying areas for potential inclusions in the 
National Park System, with the study to be completed within 
three years after funds are made available.
    In addition, the Secretary is authorized to conduct a 
national historic landmark theme study to identify sites and 
resources in the United States that are significant to the 
Reconstruction Era. The study will include recommendations for 
commemorating and interpreting sites and resources that should 
be nominated as national historic landmarks and sites for which 
further study for potential inclusion in the National Park 
System should be authorized. This study is also to be concluded 
within three years after funds are made available. Although 
historians generally view the Beaufort sites that would be 
studied under S. 500 as historically significant, the National 
Park Service has not determined how significant these sites are 
in comparison to other sites associated with Reconstruction. 
The theme study would help provide that information.
    The Reconstruction Era is generally considered to be the 
period between 1863, when the Emancipation Proclamation took 
effect, and the withdrawal of Federal troops from the South 
following the Compromise of 1877 that resolved the contested 
presidential election of 1876. The term ``Reconstruction'' 
reflects both the literal rebuilding of the war-ravaged South 
and the more metaphorical rebuilding of the Union following the 
divisive and destructive conflict. It was a controversial, 
difficult, and violent period in American history characterized 
by the adoption of new constitutional amendments and laws, the 
establishment of new institutions, and the occurrence of 
significant political events all surrounding the efforts to 
reincorporate the South into the Union and to provide newly 
freed slaves with political rights and opportunities to improve 
their lives.
    The Beaufort, South Carolina area contains a number of 
sites that are associated with events and individuals 
significant to the Reconstruction Era. Among these are the Penn 
School on St. Helena Island, the location of an important 
educational experiment in that era; the Freedmen's Bureau, 
located at Beaufort College, where the Federal Government 
conducted official business regarding emancipated slaves; the 
Freedman's Village of Mitchellville on Hilton Head Island; and 
sites associated with Robert Smalls, an African-American who 
served in the U.S. House of Representatives during the 
Reconstruction Era.
    The Department recommends some clarifying amendments to S. 
500. We recommend that the title, Section 1, and the definition 
for Study Area in Section 2 be changed to reflect that the 
study would center on sites in Beaufort County, South Carolina, 
rather then the historic district of Beaufort. As drafted, the 
bill defines the study area as sites in the historic district 
of Beaufort, but then it identifies several sites to be studied 
that are outside of the city of Beaufort.
    We also recommend that the special resource study be 
required to determine the ``national significance'' of the area 
as well as its suitability and feasibility for inclusion in the 
National Park System. This change would be consistent with P.L. 
91-383, as amended by the National Park Service Omnibus 
Management Act of 1998 (P.L. 105-391).
    The text for these recommended amendments is attached to 
this testimony.
    That concludes my testimony. I would be happy to answer any 
questions that you or other members of the subcommittee may 
have.

Proposed Amendments, S. 500

    Page 1, Line 4, insert ``County'' after ``Beaufort''.
    Page 2, Line 3, strike ``the historic district of''.
    Page 2, Line 3, insert ``County'' after ``Beaufort''.
    Page 2, Line 22, strike ``assess the suitability'' and 
insert ``assess the national significance, suitability,''.
    Amend the title to read, ``To direct the Secretary of the 
Interior to study certain sites in Beaufort County, South 
Carolina, relating to the Reconstruction Era.''

                        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 the bill S. 500, as ordered 
reported.

                                

```