29–010

Calendar No. 733

108TH CONGRESS REPORT " SENATE ! 2d Session 108–374

FORT FREDERICA NATIONAL MONUMENT LAND 

EXCHANGE ACT 

SEPTEMBER 28, 2004.—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 H.R. 1113] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 1113) to authorize an exchange of land at 

Fort Frederica National Monument, and for other purposes, having 

considered the same, reports favorably thereon with an amendment 

and recommends that the Act, as amended, do pass. 

The amendment is as follows: 

On page 2, lines 2 and 3, strike ‘‘any other provision of law’’ and 

insert ‘‘section 5(b) of Public Law 90–401 (16 U.S.C. 460l–22(b))’’.

PURPOSE OF THE MEASURE

The purpose of H.R. 1113 is to authorize an exchange of land at 

Fort Frederica National Monument in Georgia between Christ 

Church and the National Park Service. 

BACKGROUND AND NEED

Fort Frederica was one of the earliest English settlements in 

what ultimately became the State of Georgia. The Fort was established by General James Ogelthorpe, a noted military leader, planner, and social reformer. General Ogelthorpe was responsible for 

establishing the colony of Georgia and directing the settlement and 

development of several Georgia communities including the city of 

Savannah. 

In the early 1700s, Fort Frederica was a prosperous community 

of substantial homes whose residents were tradesmen and farmers 

that supplied the garrison stationed there. In 1739, Britain and 

Spain entered into a war that eventually involved Fort Frederica. 

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After the 1748 treaty with Spain, Fort Frederica’s military garrison 

was withdrawn and the town of Fort Frederica fell into decline. In 

1758 a fire destroyed most of the existing structures. 

Fort Frederica National Monument was established on May 26, 

1936. Subsequent legislation increased the authorized boundary to 

250 acres and directed the Secretary of the Interior to acquire the 

Battle of Bloody Marsh memorial site on St. Simons Island. 

In 1993, when a proposed development threatened to compromise 

the viewshed of Fort Frederica, the National Park Service, with the 

help of the Trust for Public Land and others, acquired 28 acres 

along the river front. This timely acquisition allowed the National 

Park Service to preserve the historic view of the river approach to 

Fort Frederica. 

Christ Church is located adjacent to the Fort Frederica National 

Monument on St. Simons Island. Recently, the church experienced 

a substantial increase in membership and now requires additional 

land on which to expand. In order to accommodate the needed expansion the church contacted the National Park Service and proposed the land exchange authorized by H.R. 1113. This measure 

will authorize the Secretary to exchange approximately 6 acres of 

land from the 1993 riverfront acquisition for 8.7 acres of land adjacent to the Monument. The land to be acquired by the Secretary 

through this exchange contains archeological ruins dating from the 

colonial period. Tradition indicates that this land also includes the 

home of General Ogelthorpe, although archeological survey work 

has not yet verified this theory. Similarly, the National Park Service has not yet completed an appraisal of the lands to be exchanged. However, at this time, the agency believes the parcel to 

be acquired from Christ Church is of greater value than the parcel 

to be exchanged. H.R. 1113 will provide the necessary authorization to complete the land exchange and revise the boundary of the 

Monument accordingly. 

LEGISLATIVE HISTORY

H.R. 1113 was introduced by Representative Kingston on March 

6, 2003. The House Resources Committee ordered the bill, as 

amended, favorably reported (H. Rept. 108–201) on June 11, 2003. 

On September 23, 2003, H.R. 1113 was passed by the House of 

Representatives by a voice vote. The Senate Committee on Energy 

and Natural Resources’ Subcommittee on National Parks held a 

hearing on H.R. 1113 on July 15, 2004. At the business meeting 

on September 15, 2004, the Committee on Energy and Natural Resources ordered H.R. 1113 favorably reported with amendment. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in an open 

business session on September 15, 2004, by a unanimous voice vote 

of a quorum present, recommends that the Senate pass H.R. 1113 

as described herein. 

COMMITTEE AMENDMENT

During its consideration of H.R. 1113, the Committee adopted a 

clarifying amendment. The amendment removes language exempting H.R. 1113 from any other provision of law and clarifies that the 

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land exchange is exempted only from the requirements of section 

5(b) of Public Law 90–401. That subsection authorizes the Secretary of the Interior to exchange lands only if they are of equal 

value, or if the values of the lands are equalized by cash payment. 

In addition it requires the Secretary to hold a public meeting prior 

to the land exchange if requested by an interested party and exempts timber lands subject to harvest under a sustained yield program. 

SECTION-BY-SECTION ANALYSIS

Section 1 authorizes the Secretary of the Interior to acquire approximately six acres of land from Christ Church of St. Simons Island, Georgia, in exchange for approximately 8.7 acres of land. This 

section references a map depicting the lands to be exchanged and 

requires that this map be made available for public inspection at 

appropriate National Park Service offices. 

Section 2 directs the Secretary to revise the boundary of Fort 

Frederica National Monument to reflect the land exchange and to 

administer the acquired land as part of the Monument. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office.

H.R. 1113—An act to authorize the exchange of land at Fort Frederica National Monument 

H.R. 1113 would authorize the National Park Service (NPS) to 

exchange 6 acres of land within the boundary of the Fort Frederica 

National Monument in Georgia for 8.7 acres of nearby property 

owned by the Christ Church. The act would direct the NPS to adjust the boundaries of the monument to reflect the exchange when 

completed. 

Assuming appropriation of the necessary amounts, CBO estimates that the NPS would spend about $200,000 over the year or 

two following acquisition of the 9.7-acre site to identify possible historic resources and determine how to exhibit them. Depending on 

the outcome of the archeological studies and the level of future appropriations, the NPS might spend additional funds to develop the 

new parcel. Based on information provided by the agency, CBO estimates that such development costs would not exceed $1 million. 

We estimate that additional costs to operate and maintain any facilities that might be developed (such as access roads and interpretive kiosks) would be less than $200,000 annually. 

H.R. 1113 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 June 19, 2003, CBO transmitted a cost estimate for H.R. 

1113 as ordered reported by the House Committee on Resources on 

June 11, 2003. The two versions of the legislation are very similar, 

and our cost estimates are the same. 

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

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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 

H.R. 1113. 

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 H.R. 1113.

EXECUTIVE COMMUNICATIONS

On July 6, 2004, 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 H.R. 1113. These reports 

had not been received when this report was filed. The testimony 

provided by the Department of the Interior at the Subcommittee 

hearing on H.R. 1113 follows:

STATEMENT OF A. DURAND JONES, DEPUTY DIRECTOR, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to present the Department’s views 

on H.R. 1113. This bill would authorize an exchange of 

land at Fort Frederica National Monument. 

The Department supports an exchange of land between 

Christ Church, Frederica and Fort Frederica National 

Monument, as outlined in H.R. 1113. Although appraisals 

have not been completed for the two parcels, we expect 

that the value of the land received by the National Park 

Service (NPS) will be more than the value of the land 

given up so there will be no need for land acquisition funding. The NPS would incur increased operational costs associated with the exchange because of the archeological 

value to the park of the acquired lands. However, the 

amount of those costs cannot be determined until the significance of the resources present on the site NPS acquires 

is established. 

The Department testified in support of this bill at a 

House Subcommittee on National Parks, Recreation, and 

Public Lands hearing on April 8, 2003. At the House markup the bill was amended to adjust the amount of land to 

be given by the NPS to Christ Church from 4.8 acres to 

6 acres in order to provide sufficient land for the church 

to complete their development project. As a part of this 

process, the NPS worked closely with Representative 

Kingston’s office to assure that the historic scene of the 

National Monument will be protected and that the park’s 

artifact storage facility and other buildings would remain 

within the park boundary. 

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H.R. 1113 would authorize the Secretary to convey to 

Christ Church, Frederica, located on St. Simons Island, 

Georgia approximately 6 acres of land within the boundary 

of Fort Frederica National Monument in exchange for approximately 8.7 acres of land near Fort Frederica that will 

be acquired by Christ Church. Upon completion of the exchange, the Secretary shall revise the boundary of Fort 

Frederica National Monument and administer the land acquired through the exchange as part of the monument. 

Fort Frederica National Monument is located 12 miles 

northeast of Brunswick on St. Simons Island, Georgia. The 

monument’s authorized boundary contains 250 acres and 

preserves the remains of a fortified town established and 

laid out by Governor James Oglethorpe in 1736 to defend 

against invasion from Spanish colonies in Florida. 

Fort Frederica was one of the earliest English settlements in what ultimately became the State of Georgia, 

preceded by Fort King George (1721), located near Darien, 

Georgia, and the Cities of Savannah (1733) and Augusta 

(1735), also established and planned by Oglethorpe. Fort 

Frederica was a prosperous community of substantial 

homes whose residents were tradesmen and farmers supplying the garrison stationed there much the same way 

communities provide goods and services to military installations today. In 1739, Britain and Spain entered a war 

that eventually involved Fort Frederica. After the 1748 

treaty, Frederica’s military garrison was withdrawn and 

the town of Fort Frederica fell into decline. In 1758, a fire 

destroyed most of the existing structures. 

Fort Frederica National Monument was established on 

May 26, 1936. Subsequent legislation increased the authorized boundary to 250 acres and directed the Secretary 

of the Interior to acquire the Battle of Bloody Marsh memorial site on St. Simons Island. Subject to the 250-acre 

limitation, the Secretary was also authorized to acquire 

additional marshland acreage west of the Frederica River, 

across from the National Monument, for additional protection of the historic scene. 

On June 29, 1993, following a lengthy campaign involving the efforts and support of the Trust for Public Land 

and many private citizens of St. Simons Island, Fort Frederica acquired 28 acres of land, including river frontage on 

the south side of the town site, that had been planned for 

a major marina development. This acquisition preserved 

the historic view of the river approach to Fort Frederica. 

The 6-acre parcel that H.R. 1113 directs the Secretary to 

give to Christ Church is within this 28-acre acquisition. 

The 8.7-acre site that Christ Church proposes to exchange for the land at Fort Frederica contains archeological remains that have been established to be from the 

colonial period. Tradition indicates that the land includes 

General Ogelthorpe’s home, however we are unaware of 

any archeological survey work that has been completed on 

this tract to positively determine if this is the case. 

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The main town site within the National Monument contains several well preserved and partially reconstructed colonial ruins. There may be additional administrative and 

operational costs associated with protecting a small archeological site detached from the main park unit and it 

has not been determined if that cost is commensurate with 

the limited additional interpretive value of the site if it 

only contains additional Frederica era resources but does 

not include Oglethorpe’s home. 

That completes my testimony. I would be happy to answer any questions that you or any 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 Act H.R. 1113 as ordered reported.

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