19–010

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 

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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 wellpreserved 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 

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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 Energy and natural 

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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 imposVerDate Jan 31 2003 01:13 Jun 11, 2003 Jkt 019010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR061.XXX SR061
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ing 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 desigVerDate Jan 31 2003 01:13 Jun 11, 2003 Jkt 019010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR061.XXX SR061
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nating 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 warravaged 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 of Beaufort, but then it identifies sevVerDate Jan 31 2003 01:13 Jun 11, 2003 Jkt 019010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR061.XXX SR061
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eral sites to be studies 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 may 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.

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