19–010

Calendar No. 200

108TH CONGRESS REPORT " SENATE ! 1st Session 108–92

BUFFALO SOLDIERS COMMEMORATION ACT OF 2003

JULY 11, 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. 499] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 499) to authorize the American Battle Monuments Commission to establish in the State of Louisiana a memorial to honor the Buffalo Soldiers, 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 ‘‘Buffalo Soldiers Commemoration Act of 2003’’. 

SEC. 2. ESTABLISHMENT OF BUFFALO SOLDIERS MEMORIAL. 

(a) AUTHORIZATION.—The American Battle Monuments Commission is authorized 

to establish a memorial to honor the Buffalo Soldiers in or around the City of New 

Orleans on land donated for such purpose or on Federal land with the consent of 

the appropriate land manager. 

(b) CONTRIBUTIONS.—The Commission shall solicit and accept contributions for 

the construction and maintenance of the memorial. 

(c) COOPERATIVE AGREEMENTS.—The Commission may enter into a cooperative 

agreement with a private or public entity for the purpose of fundraising for the construction and maintenance of the memorial. 

(d) MAINTENANCE AGREEMENT.—Prior to beginning construction of the memorial, 

the Commission shall enter into an agreement with an appropriate public or private 

entity to provide for the permanent maintenance of the memorial and shall have 

sufficient funds, or assurance that it will receive sufficient funds, to complete the 

memorial. 

SEC. 3. BUFFALO SOLDIERS MEMORIAL ACCOUNT. 

(a) ESTABLISHMENT.—The Commission shall maintain an escrow account (‘‘account’’) to pay expenses incurred in constructing the memorial. 

(b) DEPOSITS INTO THE ACCOUNT.—The Commission shall deposit into the account 

any contributions received by the Commission for the memorial and may invest such 

portion of the fund that is not, in the judgment of the Chairman of the Commission, 

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required to meet current withdrawals in an interest-bearing obligation of the United 

States or an obligation guaranteed as to principal and interest by the United States 

that the Chairman determines has a suitable maturity. 

(c) USE OF ACCOUNT.—Amounts in the account, including proceeds of any investments, may be used to pay expenses incurred in establishing the memorial. After 

construction of the memorial amounts in the account shall be transferred by the 

Commission to the entity providing for permanent maintenance of the memorial 

under such terms and conditions as the Commission determines will ensure the 

proper use and accounting of the amounts. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may be necessary to carry 

out this Act.

PURPOSE OF THE MEASURE

The purpose of S. 499 is to authorize the American Battle Monuments Commission to establish a memorial in New Orleans, Louisiana, to honor the Buffalo Soldiers and to solicit and collect contributions for the construction and maintenance of the memorial. 

BACKGROUND AND NEED

Following the Civil War, Congress authorized the formation of 

two cavalry regiments and four infantry regiments (which were 

soon reduced to two) composed of African-American soldiers. These 

regiments, the 9th and 10th Cavalry and the 24th and 25th Infantry, were stationed throughout the West, where they saw action in 

countless battles and skirmishes during the Indian Wars. The 

American Indians nicknamed the members of these regiments 

‘‘Buffalo Soldiers.’’

The Buffalo Soldiers performed outstanding service to the United 

States not only during the Indian Wars, but the Spanish-American 

War, the Philippine Insurrection, and the raids against Pancho 

Villa. In addition, Buffalo Soldiers built forts, escorted wagon 

trains, mail stages, and railroad crews, drew maps, located sources 

of water, and were largely responsible for opening millions of 

square miles of western land to settlement. Twenty Congressional 

Medals of Honor were awarded to Buffalo Soldiers. 

Legislation is needed to authorize a fitting memorial in New Orleans, where two of the regiments were recruited, to recognize the 

meritorious service and notable accomplishments of the Buffalo 

Soldiers. 

LEGISLATIVE HISTORY

S. 499 was introduced by Senators Landrieu and Breaux on 

March 3, 2003. The Subcommittee on National Parks held a hearing on S. 499 on June 10, 2003. During the 107th Congress, Senator Landrieu introduced S. 1988, a similar bill, which was reported favorably by the Committee with an amendment in the nature of a substitute on October 3, 2002. 

At the business meeting on June 25, 2003, the Committee on Energy and Natural Resources ordered S. 499, as amended, favorably 

reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on June 25, 2003, by unanimous vote of a quorum 

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present, recommends that the Senate pass S. 499, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 499, the Committee adopted an 

amendment in the nature of a substitute. The substitute removes 

the congressional findings and definitions, and clarifies the establishment of the memorial. In addition, the amendment requires the 

American Battle Monuments Commission to enter into an agreement with an appropriate entity to provide for the maintenance 

and operation of the memorial, and removes any requirement that 

it be maintained by the National Park Service. 

The amendment is explained in detail in the section-by-section 

analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1 titles the bill as the ‘‘Buffalo Soldiers Commemoration 

Act of 2003.’’

Section 2 authorizes the American Battle Monuments Commission to establish a memorial in or around the city of New Orleans 

on land donated for such purpose or on Federal land with the consent of the appropriate land manager; to solicit and accept contributions for the construction and maintenance of the memorial; to 

enter into a cooperative agreement for fundraising; and to enter 

into an agreement with an appropriate entity to provide for the 

permanent maintenance of the memorial. 

Section 3(a) directs the Commission to maintain and deposit contributions into an escrow account for expenses in constructing the 

memorial, authorizes the Commission to invest a certain portion of 

the fund into an interest bearing obligation of the United States, 

and authorizes the use of the account for the purposes of establishing and maintaining the memorial. 

Section 4 authorizes the appropriations necessary to carry out 

this 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, June 26, 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. 499, the Buffalo Soldier 

Commemoration 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, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

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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. 499. 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. 499, as ordered.

S. 499—Buffalo Soldiers Commemoration Act of 2003

S. 499 would authorize the American Battle Monuments Commission to establish a memorial to honor buffalo soldiers in New 

Orleans, Louisiana. (Buffalo soldiers are African-Americans who 

served in the United States Army during certain armed conflicts.) 

The bill would direct the commission to solicit contributions for the 

construction and maintenance of the memorial to be located on either federal land or other property that might be donated. Contributions would be deposited into a newly created account, and 

those funds including any interest earnings would be available for 

construction costs. Before construction of the memorial could begin, 

the commission would have to execute an agreement with an appropriate local entity to provide for maintenance of the structure. 

(Any amounts remaining after construction would be transferred to 

that entity for maintenance.) Finally, the bill would authorize the 

appropriation of whatever sums are necessary to carry out the legislation. 

Based on the cost of other monuments and assuming appropriation of the necessary amounts, CBO estimates that the commission 

would spend less than $5 million to build the memorial over the 

next several years. The bill could increase revenues and direct 

spending if the commission raised private contributions to offset 

the cost of the memorial. CBO has no basis for predicting the 

amount that might be collected from private contributions, but any 

net budgetary impact of those transactions would likely be minor. 

S. 499 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. Participation in 

this project by the state of Louisiana would be voluntary. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

EXECUTIVE COMMUNICATIONS

On May 29, 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. 499. These reports had 

not been received at the time the report on S. 499 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. 

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The testimony provided by the National Park Service at the Subcommittee hearing follows:

STATEMENT OF D. THOMAS ROSS, ASSISTANT DIRECTOR, RECREATION AND CONSERVATION, NATIONAL PARK SERV- ICE, U.S. DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the Department of the Interior’s views on S. 499. This bill 

would authorize the American Battle Monuments Commission to establish a memorial in the State of Louisiana to 

honor the Buffalo Soldiers. 

The Department supports efforts to honor the Buffalo 

Soldiers. However, in order to meet the President’s Initiative to eliminate the deferred maintenance backlog, we 

must continue to focus our resources on caring for existing 

areas in the National Park System. As such, we cannot 

support the provision in S. 499 that could transfer the memorial to the National Park Service one year after establishment. The Department believes that it would be more 

appropriate for a memorial or monument commemorating 

the Buffalo Soldiers to be operated and maintained by the 

State of Louisiana, the City of New Orleans, or a suitable 

nonprofit corporation. Because of these concerns, and others raised by the American Battle Monuments Commission, the Administration recommends that S. 499 not be 

enacted. 

S. 499 authorizes the American Battle Monuments Commission to establish a memorial to honor the Buffalo Soldiers on federal land in the city of New Orleans, Louisiana 

or its environs, or on land donated by the city or the State. 

The bill would require the Commission to solicit and accept contributions sufficient for the construction and maintenance of the memorial and would establish a fund in the 

U.S. Treasury for depositing and disbursing these contributions. One year after the establishing of the memorial, the Commission is authorized to transfer any remaining amounts in the fund and title to and responsibility for 

future operation and maintenance of the memorial to, at 

the option of the Commission, the National Park Service 

or another appropriate governmental agency or other entity. 

Following the Civil War, Congress passed legislation to 

increase the size of the Regular Army. On July 28, 1866, 

Congress raised the number of cavalry regiments from six 

to ten and the number of infantry regiments from nineteen 

to forty-five. The legislation stipulated that two of the new 

calvary regiments and four of the new infantry regiments 

were to be composed of black men. 

In compliance with the new law, the Ninth and Tenth 

Cavalry Regiments and the Thirty-eighth, Thirty-ninth, 

Fortieth, and Forty-first U.S. Infantry Regiments were organized. Three years later, when the army reduced the 

number of infantry regiments, these four new regiments 

were combined into the Twenty-fourth and Twenty-fifth 

U.S. Infantry. 

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These regiments were composed of white officers with 

black enlisted men and were reportedly nicknamed Buffalo 

Soldiers by the American Indians. Soldiers comprising the 

black regiments came from the former United States Colored that served in the Civil War, the New Orleans area, 

the fringes of the southern states, or large northern cities. 

They were former slaves as well as freedmen.

Almost immediately after their establishment, units 

from these regiments were stationed throughout the West. 

In the countless battles and skirmishes that marked the 

frontier Indian Wars, the Buffalo Soldiers played a significant role. Commanded by white officers, who at times resented their duty with the black regiments, the Buffalo 

Soldiers endured and overcame tremendous social and environmental obstacles. They faced discrimination and 

sometimes received inferior supplies and equipment. 

The men in these regiments often found themselves in 

the forefront of action. For more than twenty-five years 

they not only engaged in battles with American Indians, 

but they built forts and escorted wagon trains, mail stages 

and railroad crews. Mapping and charting areas and locating sources of water, they were responsible for opening 

millions of square miles of western lands to peaceful settlement and development. 

Until recent times, the Buffalo Soldiers received little 

recognition for their years of service on the frontier. The 

record of meritorious service and notable accomplishments 

amassed by the Buffalo Soldier regiments remain a symbol 

of hope and pride for all Americans. Their achievements 

serve as a reminder of the contributions they made to 

American life and culture and are the subject of a memorial at Fort Leavenworth. We supported the concept of 

honoring the excellent service to the nation of the Buffalo 

Soldiers through the existing Fort Leavenworth memorial 

and believe further effort to educate the public on their 

sacrifices is a worthy goal. We have no objection to the 

building of a memorial to the Buffalo Soldiers in New Orleans provided that an appropriate method of non-federal 

financing and constructing of such a memorial is identified 

and that it would be financed, operated, and maintained 

by the State of Louisiana, the City of New Orleans, or a 

suitable nonprofit corporation. 

Mr. Chairman, that concludes my statement. I would be 

pleased to answer any questions you or other members of 

the subcommittee may have.

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. 499, as ordered reported.

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