II

106TH CONGRESS

1ST SESSION S. 581

To protect the Paoli and Brandywine Battlefields in Pennsylvania, to authorize a Valley Forge Museum of the American Revolution at Valley Forge

National Historical Park, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 10, 1999

Mr. SPECTER introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To protect the Paoli and Brandywine Battlefields in Pennsylvania, to authorize a Valley Forge Museum of the American Revolution at Valley Forge National Historical

Park, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pennsylvania Battle5 fields Protection Act of 1999’’.
2

•S 581 IS

1 TITLE I—PAOLI AND

2 BRANDYWINE BATTLEFIELDS

3 SEC. 101. DEFINITIONS.

4 In this title:

5 (1) BRANDYWINE BATTLEFIELD.—The term

6 ‘‘Brandywine Battlefield’’ means land in an area

7 generally known as the Meetinghouse Road Corridor,

8 located in Chester County, Pennsylvania, as depicted

9 on the Brandywine map.

10 (2) BRANDYWINE MAP.—The term ‘‘Brandy11 wine map’’ means the map entitled ‘‘Brandywine

12 Battlefield-Meetinghouse Road Corridor’’, numbered

13 llll and dated lllllll.

14 (3) PAOLI BATTLEFIELD.—The term ‘‘Paoli

15 Battlefield’’ means the area located in the borough

16 of Malvern, Pennsylvania, as generally depicted on

17 the Paoli map.

18 (4) PAOLI MAP.—The term ‘‘Paoli map’’ means

19 the map entitled ‘‘Paoli Battlefield’’, numbered

20 71572 and dated February 17, 1998.

21 (5) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Interior.

23 (6) STATE.—The term ‘‘State’’ means the State

24 of Pennsylvania.
3

•S 581 IS

1 SEC. 102. PAOLI BATTLEFIELD PROTECTION.

2 (a) PAOLI BATTLEFIELD.—

3 (1) FUNDING.—The Secretary may provide

4 funds to the borough of Malvern, Pennsylvania for

5 the protection and preservation of the Paoli Battle6 field.

7 (2) AVAILABILITY OF PAOLI MAP.—The Paoli

8 map shall be on file in the appropriate offices of the

9 National Park Service.

10 (b) COOPERATIVE AGREEMENT AND TECHNICAL AS11 SISTANCE.—

12 (1) COOPERATIVE AGREEMENT.—The Secretary

13 shall enter into a cooperative agreement with the

14 borough of Malvern, Pennsylvania for management

15 of the Paoli Battlefield by the borough.

16 (2) TECHNICAL ASSISTANCE.—The Secretary

17 may provide technical assistance to the borough of

18 Malvern to ensure the preservation and interpreta19 tion of the resources of the Paoli battlefield.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—

21 (1) IN GENERAL.—There is authorized to be

22 appropriated $2,500,000 to carry out this section.

23 (2) USE OF APPROPRIATED FUNDS.—Amounts

24 made available under paragraph (1) shall be pro25 vided to the borough of Malvern, Pennsylvania only

26 to the extent that the funds are matched, on an 1-
4

•S 581 IS

1 to-1 basis, with contributions from non-Federal

2 sources.

3 (3) AGREEMENT ON PROVISION OF FUNDS.—

4 Any use of funds provided by the Secretary shall be

5 in accordance with an agreement that protects the

6 resources of the Paoli Battlefield.

7 SEC. 103. BRANDYWINE BATTLEFIELD PROTECTION.

8 (a) BRANDYWINE BATTLEFIELD.—

9 (1) IN GENERAL.—The Secretary is authorized

10 to provide funds to the State, a political subdivision

11 of the State, or the Brandywine Conservancy for the

12 protection and preservation of the Brandywine Bat13 tlefield.

14 (2) AVAILABILITY OF BRANDYWINE MAP.—The

15 Brandywine map shall be on file in the appropriate

16 offices of the National Park Service.

17 (b) COOPERATIVE AGREEMENT AND TECHNICAL AS18 SISTANCE.—

19 (1) COOPERATIVE AGREEMENT.—The Secretary

20 shall enter into a cooperative agreement with the en21 tity that is provided funds under subsection (a) for

22 management of the Brandywine Battlefield by the

23 entity.

24 (2) TECHNICAL ASSISTANCE.—The Secretary

25 may provide technical assistance to the entity de-
5

•S 581 IS

1 scribed in paragraph (1) to ensure the preservation

2 and interpretation of the resources of the Brandy3 wine Battlefield.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There is authorized to be

6 appropriated $3,000,000 to carry out this section.

7 (2) USE OF APPROPRIATED FUNDS.—Amounts

8 made available under paragraph (1) shall be pro9 vided to the entity described in subsection (a) only

10 to the extent that the funds are matched, on an 1-

11 to-1 basis, with contributions from non-Federal

12 sources.

13 (3) AGREEMENT ON PROVISION OF FUNDS.—

14 Any use of funds provided by the Secretary shall be

15 in accordance with an agreement that protects the

16 resources of the Brandywine Battlefield.

17 SEC. 104. STUDY OF BATTLEFIELDS.

18 (a) IN GENERAL.—Not later than 18 months after

19 the date on which funds are made available to carry out

20 this section, the Secretary shall submit a resource study

21 of the property described in sections 101 and 102 to—

22 (1) the Committee on Energy and Natural Re23 sources of the Senate; and

24 (2) the Committee on Resources of the House

25 of Representatives.
6

•S 581 IS

1 (b) CONTENTS.—The resource study described in

2 subsection (a) shall—

3 (1) identify the full range of resources and his4 toric themes associated with the Paoli Battlefield

5 and the Brandywine Battlefield, including the rela6 tionship of the resources and historic themes to the

7 American Revolutionary War and the Valley Forge

8 National Historical Park; and

9 (2) identify alternatives for National Park Serv10 ice involvement at the sites, including cost estimates

11 for any necessary acquisition, development, interpre12 tation, operation, and maintenance associated with

13 the alternatives identified.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section.

17 TITLE II—VALLEY FORGE

18 NATIONAL HISTORICAL PARK

19 SEC. 201. FINDINGS AND PURPOSE.

20 (a) FINDINGS.—Congress finds that—

21 (1) Valley Forge National Historical Park was

22 established as a unit of the National Park System

23 in 1976;
7

•S 581 IS

1 (2) the National Park Service acquired various

2 land and structures associated with the Park, includ3 ing a visitor center, from the State of Pennsylvania;

4 (3) the Park maintains an extensive collection

5 of—

6 (A) artifacts, books, and other documents

7 associated with the Continental Army’s winter

8 encampment during 1777 and 1778 at Valley

9 Forge;

10 (B) Revolutionary War-era artifacts of

11 military life;

12 (C) important archaeological resources;

13 and

14 (D) numerous structures and associated

15 artifacts;

16 (4) during the period 1982 through 1997, the

17 National Park Service completed a general manage18 ment plan, a long-range interpretive plan, and a

19 strategic business plan that established goals and

20 priorities for management of the Park;

21 (5) the plans described in paragraph (4)—

22 (A) identify inadequacies in the visitor cen23 ter and interpretive programs of the Park;

24 (B) call for the development of a new or

25 significantly renovated visitor center that would
8

•S 581 IS

1 make the Park’s collection accessible to the

2 public through exhibits and research facilities;

3 and

4 (C) call for improvements to the interpre5 tation of the landscape and the circulation into

6 and through the Park;

7 (6) the Valley Forge Historical Society was es8 tablished in 1918 as a nonprofit organization to pre9 serve and interpret for future generations the sig10 nificant history and artifacts of the American Revo11 lution in their historic setting at Valley Forge;

12 (7) the Society has amassed valuable holdings

13 of artifacts, art, books, and other documents relating

14 to the encampment of Washington’s Continental

15 Army at Valley Forge during 1777 and 1778, the

16 American Revolution, and the American colonial era;

17 (8) the Society continues to acquire additional

18 important collections through bequests, exchanges,

19 and other acquisitions;

20 (9) the Society’s collection is housed in a facil21 ity that is inadequate to properly maintain, preserve,

22 and display the ever-growing collection;

23 (10) the Society would like to develop an up-to24 date museum and education facility;
9

•S 581 IS

1 (11) the Society and the National Park Service

2 have discussed the idea of a joint museum, edu3 cation, and visitor facility that would directly sup4 port the historical, educational, and interpretive ac5 tivities and needs of the Park and the Society;

6 (12) the joint facility described in paragraph

7 (11) would—

8 (A) combine 2 outstanding museum collec9 tions; and

10 (B) provide an enhanced experience at Val11 ley Forge for visitors, scholars, and researchers;

12 and

13 (13) the Society has submitted a proposal to

14 raise funds to construct a new museum, education,

15 and visitor center on Park property that would be

16 planned, developed, and operated jointly with the

17 Park.

18 (b) PURPOSE.—The purpose of this Act is to author19 ize the Secretary of the Interior to enter into an agree20 ment with the Society to construct and operate a museum

21 within the boundary of the Park.

22 SEC. 202. DEFINITIONS.

23 In this title:
10

•S 581 IS

1 (1) MUSEUM.—The term ‘‘Museum’’ means the

2 Valley Forge Museum of the American Revolution

3 established under section 203(a).

4 (2) PARK.—The term ‘‘Park’’ means the Valley

5 Forge National Historic Park.

6 (3) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of the Interior.

8 (4) SOCIETY.—The term ‘‘Society’’ means the

9 Valley Forge Historical Society.

10 SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REV11 OLUTION AUTHORIZATION.

12 (a) VALLEY FORGE MUSEUM AGREEMENT.—The

13 Secretary, in administering the Park, is authorized to

14 enter into an agreement with the Society to facilitate the

15 planning, construction, and operation of the Museum on

16 Federal land within the Park.

17 (b) SPECIFIC PURPOSES OF AGREEMENT.—The

18 agreement described in subsection (a) shall—

19 (1) authorize the Society—

20 (A) to operate the Museum in cooperation

21 with the Secretary;

22 (B) to provide Museum programs and serv23 ices related to the story of Valley Forge and the

24 American Revolution to visitors to the Park;
11

•S 581 IS

1 (C) to engage, as a nonprofit organization,

2 in activities appropriate for operation of a mu3 seum that may include—

4 (i) charging fees;

5 (ii) conducting events; and

6 (iii) selling merchandise, tickets, and

7 food to visitors to the Museum; and

8 (D) to occupy any structure constructed

9 for the term specified in the agreement de10 scribed in subsection (a), subject to—

11 (i) the conveyance by the Society to

12 the United States of the right, title, and

13 interest in any structure to be constructed

14 at the Park; and

15 (ii) the right of the Society, that shall

16 not be transferred or conveyed without the

17 express consent of the Secretary, to occupy

18 and use any structure—

19 (I) for the exhibition, preserva20 tion, and interpretation of artifacts

21 associated with the Valley Forge story

22 and the American Revolution;

23 (II) to enhance visitor experience

24 to the Park;
12

•S 581 IS

1 (III) to conduct appropriately re2 lated activities of the Society consist3 ent with its mission; and

4 (IV) any other terms and condi5 tions as may be determined by the

6 Secretary;

7 (2) authorize the Secretary to undertake at the

8 Museum activities related to the management of the

9 Park, including the provision of appropriate visitor

10 information, interpretive facilities, and programs re11 lated to the Park; and

12 (3) provide that the Society’s revenues from the

13 Museum’s facilities and services shall be used to off14 set the expenses of the operation of the Museum.

15 SEC. 204. PRESERVATION AND PROTECTION.

16 Nothing in this Act authorizes the Secretary or the

17 Society to act in derogation of the preservation and protec18 tion of the values and resources of the Park.

Æ