II

Calendar No. 225

106TH CONGRESS

1ST SESSION S. 581

[Report No. 106–117]

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

JULY 21, 1999

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

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,
2

S 581 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Pennsylvania Battle3 fields Protection Act of 1999’’.

4 TITLE I—PAOLI AND

5 BRANDYWINE BATTLEFIELDS

6 SEC. 101. DEFINITIONS.

7 In this title:

8 (1) BRANDYWINE BATTLEFIELD.—The term

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

10 generally known as the Meetinghouse Road Corridor,

11 located in Chester County, Pennsylvania, as depicted

12 on the Brandywine map.

13 (2) BRANDYWINE MAP.—The term ‘‘Brandy14 wine map’’ means the map entitled ‘‘Brandywine

15 Battlefield-Meetinghouse Road Corridor’’, numbered

16 llll and dated lllllll.

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

18 Battlefield’’ means the area located in the borough

19 of Malvern, Pennsylvania, as generally depicted on

20 the Paoli map.

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

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

23 71572 and dated February 17, 1998.

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

25 the Secretary of the Interior.
3

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

2 of Pennsylvania.

3 SEC. 102. PAOLI BATTLEFIELD PROTECTION.

4 (a) PAOLI BATTLEFIELD.—

5 (1) FUNDING.—The Secretary may provide

6 funds to the borough of Malvern, Pennsylvania for

7 the protection and preservation of the Paoli Battle8 field.

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

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

11 National Park Service.

12 (b) COOPERATIVE AGREEMENT AND TECHNICAL AS13 SISTANCE.—

14 (1) COOPERATIVE AGREEMENT.—The Secretary

15 shall enter into a cooperative agreement with the

16 borough of Malvern, Pennsylvania for management

17 of the Paoli Battlefield by the borough.

18 (2) TECHNICAL ASSISTANCE.—The Secretary

19 may provide technical assistance to the borough of

20 Malvern to ensure the preservation and interpreta21 tion of the resources of the Paoli battlefield.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—

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

24 appropriated $2,500,000 to carry out this section.
4

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1 (2) USE OF APPROPRIATED FUNDS.—Amounts

2 made available under paragraph (1) shall be pro3 vided to the borough of Malvern, Pennsylvania only

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

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

6 sources.

7 (3) AGREEMENT ON PROVISION OF FUNDS.—

8 Any use of funds provided by the Secretary shall be

9 in accordance with an agreement that protects the

10 resources of the Paoli Battlefield.

11 SEC. 103. BRANDYWINE BATTLEFIELD PROTECTION.

12 (a) BRANDYWINE BATTLEFIELD.—

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

14 to provide funds to the State, a political subdivision

15 of the State, or the Brandywine Conservancy for the

16 protection and preservation of the Brandywine Bat17 tlefield.

18 (2) AVAILABILITY OF BRANDYWINE MAP.—The

19 Brandywine map shall be on file in the appropriate

20 offices of the National Park Service.

21 (b) COOPERATIVE AGREEMENT AND TECHNICAL AS22 SISTANCE.—

23 (1) COOPERATIVE AGREEMENT.—The Secretary

24 shall enter into a cooperative agreement with the en25 tity that is provided funds under subsection (a) for
5

S 581 RS

1 management of the Brandywine Battlefield by the

2 entity.

3 (2) TECHNICAL ASSISTANCE.—The Secretary

4 may provide technical assistance to the entity de5 scribed in paragraph (1) to ensure the preservation

6 and interpretation of the resources of the Brandy7 wine Battlefield.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—

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

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

11 (2) USE OF APPROPRIATED FUNDS.—Amounts

12 made available under paragraph (1) shall be pro13 vided to the entity described in subsection (a) only

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

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

16 sources.

17 (3) AGREEMENT ON PROVISION OF FUNDS.—

18 Any use of funds provided by the Secretary shall be

19 in accordance with an agreement that protects the

20 resources of the Brandywine Battlefield.

21 SEC. 104. STUDY OF BATTLEFIELDS.

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

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

24 this section, the Secretary shall submit a resource study

25 of the property described in sections 101 and 102 to—
6

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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; and

3 (2) the Committee on Resources of the House

4 of Representatives.

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

6 subsection (a) shall—

7 (1) identify the full range of resources and his8 toric themes associated with the Paoli Battlefield

9 and the Brandywine Battlefield, including the rela10 tionship of the resources and historic themes to the

11 American Revolutionary War and the Valley Forge

12 National Historical Park; and

13 (2) identify alternatives for National Park Serv14 ice involvement at the sites, including cost estimates

15 for any necessary acquisition, development, interpre16 tation, operation, and maintenance associated with

17 the alternatives identified.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section.

21 TITLE II—VALLEY FORGE

22 NATIONAL HISTORICAL PARK

23 SEC. 201. FINDINGS AND PURPOSE.

24 (a) FINDINGS.—Congress finds that—
7

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1 (1) Valley Forge National Historical Park was

2 established as a unit of the National Park System

3 in 1976;

4 (2) the National Park Service acquired various

5 land and structures associated with the Park, includ6 ing a visitor center, from the State of Pennsylvania;

7 (3) the Park maintains an extensive collection

8 of—

9 (A) artifacts, books, and other documents

10 associated with the Continental Army’s winter

11 encampment during 1777 and 1778 at Valley

12 Forge;

13 (B) Revolutionary War-era artifacts of

14 military life;

15 (C) important archaeological resources;

16 and

17 (D) numerous structures and associated

18 artifacts;

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

20 National Park Service completed a general manage21 ment plan, a long-range interpretive plan, and a

22 strategic business plan that established goals and

23 priorities for management of the Park;

24 (5) the plans described in paragraph (4)—
8

S 581 RS

1 (A) identify inadequacies in the visitor cen2 ter and interpretive programs of the Park;

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

4 significantly renovated visitor center that would

5 make the Park’s collection accessible to the

6 public through exhibits and research facilities;

7 and

8 (C) call for improvements to the interpre9 tation of the landscape and the circulation into

10 and through the Park;

11 (6) the Valley Forge Historical Society was es12 tablished in 1918 as a nonprofit organization to pre13 serve and interpret for future generations the sig14 nificant history and artifacts of the American Revo15 lution in their historic setting at Valley Forge;

16 (7) the Society has amassed valuable holdings

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

18 to the encampment of Washington’s Continental

19 Army at Valley Forge during 1777 and 1778, the

20 American Revolution, and the American colonial era;

21 (8) the Society continues to acquire additional

22 important collections through bequests, exchanges,

23 and other acquisitions;
9

S 581 RS

1 (9) the Society’s collection is housed in a facil2 ity that is inadequate to properly maintain, preserve,

3 and display the ever-growing collection;

4 (10) the Society would like to develop an up-to5 date museum and education facility;

6 (11) the Society and the National Park Service

7 have discussed the idea of a joint museum, edu8 cation, and visitor facility that would directly sup9 port the historical, educational, and interpretive ac10 tivities and needs of the Park and the Society;

11 (12) the joint facility described in paragraph

12 (11) would—

13 (A) combine 2 outstanding museum collec14 tions; and

15 (B) provide an enhanced experience at Val16 ley Forge for visitors, scholars, and researchers;

17 and

18 (13) the Society has submitted a proposal to

19 raise funds to construct a new museum, education,

20 and visitor center on Park property that would be

21 planned, developed, and operated jointly with the

22 Park.

23 (b) PURPOSE.—The purpose of this Act is to author24 ize the Secretary of the Interior to enter into an agree-
10

S 581 RS

1 ment with the Society to construct and operate a museum

2 within the boundary of the Park.

3 SEC. 202. DEFINITIONS.

4 In this title:

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

6 Valley Forge Museum of the American Revolution

7 established under section 203(a).

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

9 Forge National Historic Park.

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

11 the Secretary of the Interior.

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

13 Valley Forge Historical Society.

14 SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REV15 OLUTION AUTHORIZATION.

16 (a) VALLEY FORGE MUSEUM AGREEMENT.—The

17 Secretary, in administering the Park, is authorized to

18 enter into an agreement with the Society to facilitate the

19 planning, construction, and operation of the Museum on

20 Federal land within the Park.

21 (b) SPECIFIC PURPOSES OF AGREEMENT.—The

22 agreement described in subsection (a) shall—

23 (1) authorize the Society—

24 (A) to operate the Museum in cooperation

25 with the Secretary;
11

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1 (B) to provide Museum programs and serv2 ices related to the story of Valley Forge and the

3 American Revolution to visitors to the Park;

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

5 in activities appropriate for operation of a mu6 seum that may include—

7 (i) charging fees;

8 (ii) conducting events; and

9 (iii) selling merchandise, tickets, and

10 food to visitors to the Museum; and

11 (D) to occupy any structure constructed

12 for the term specified in the agreement de13 scribed in subsection (a), subject to—

14 (i) the conveyance by the Society to

15 the United States of the right, title, and

16 interest in any structure to be constructed

17 at the Park; and

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

19 not be transferred or conveyed without the

20 express consent of the Secretary, to occupy

21 and use any structure—

22 (I) for the exhibition, preserva23 tion, and interpretation of artifacts

24 associated with the Valley Forge story

25 and the American Revolution;
12

S 581 RS

1 (II) to enhance visitor experience

2 to the Park;

3 (III) to conduct appropriately re4 lated activities of the Society con5 sistent with its mission; and

6 (IV) any other terms and condi7 tions as may be determined by the

8 Secretary;

9 (2) authorize the Secretary to undertake at the

10 Museum activities related to the management of the

11 Park, including the provision of appropriate visitor

12 information, interpretive facilities, and programs re13 lated to the Park; and

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

15 Museum’s facilities and services shall be used to off16 set the expenses of the operation of the Museum.

17 SEC. 204. PRESERVATION AND PROTECTION.

18 Nothing in this Act authorizes the Secretary or the

19 Society to act in derogation of the preservation and protec20 tion of the values and resources of the Park.

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Pennsylvania Battle23 fields Protection Act of 1999’’.
13

S 581 RS

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 ‘‘Brandywine

11 Map’’ means the map entitled ‘‘Brandywine-Meeting12 house Road Corridor’’, numbered 80,000 and dated

13 April 1999.

14 (3) PAOLI BATTLEFIELD.—The term ‘‘Paoli Bat15 tlefield’’ means the area located in the borough of

16 Malvern, Pennsylvania, as generally depicted on the

17 Paoli map.

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

19 the map entitled ‘‘Paoli Battlefield’’, numbered 80,000

20 and dated April 1999.

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.
14

S 581 RS

1 (7) PARK.—The term ‘‘Park’’ means the Valley

2 Forge National Historical Park.

3 SEC. 102. SPECIAL RESOURCE STUDY.

4 (a) IN GENERAL.—Not later than 6 months after the

5 date funds are made available, the Secretary shall complete

6 a special resource study on the Paoli Battlefield and not

7 later than 18 months after the date funds are made avail8 able, the Secretary shall complete a special resource study

9 on the Brandywine Battlefield, as described in subsection

10 (b). In conducting the studies, the Secretary shall consult

11 with the State, the borough of Malvern, the Brandywine

12 Conservancy and other interested groups and organizations.

13 (b) COMPONENTS.—The resource studies described in

14 subsection (a) shall—

15 (1) identify the full range of resources and his16 toric themes associated with the Brandywine Battle17 field and the Paoli Battlefield, including the relation18 ship of resources and historic themes to the American

19 Revolutionary War and the Valley Forge National

20 Historic Park; and

21 (2) identify the alternatives for National Park

22 Service involvement at the sites, including cost esti23 mates for any necessary acquisition, development, in24 terpretation, operation, and maintenance associated

25 with the alternatives identified.
15

S 581 RS

1 (c) REPORT.—Not later than 10 days after the comple2 tion of the studies, the Secretary shall submit a report de3 scribing the findings and recommendations of the study to

4 the Committee on Energy and Natural Resources of the Sen5 ate and the Committee on Resources of the United States

6 House of Representatives.

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated such sums as are necessary

9 to carry out this title.

10 TITLE II—VALLEY FORGE

11 NATIONAL HISTORICAL PARK

12 SEC. 201. FINDINGS AND PURPOSE.

13 (a) FINDINGS.—Congress finds that—

14 (1) Valley Forge National Historical Park was

15 established as a unit of the National Park System in

16 1976;

17 (2) the National Park Service acquired various

18 land and structures associated with the Park, includ19 ing a visitor center, from the State of Pennsylvania;

20 (3) the Park maintains an extensive collection

21 of—

22 (A) artifacts, books, and other documents

23 associated with the Continental Army’s winter

24 encampment during 1777 and 1778 at Valley

25 Forge;
16

S 581 RS

1 (B) Revolutionary War-era artifacts of

2 military life;

3 (C) important archaeological resources; and

4 (D) numerous structures and associated ar5 tifacts;

6 (4) during the period 1982 and 1997, the Na7 tional Park Service completed a general management

8 plan, a long-range interpretive plan, and a strategic

9 business plan that established goals and priorities for

10 management of the Park;

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

12 (A) identify inadequacies in the visitor cen13 ter and interpretive programs of the Park;

14 (B) call for the development of a new or sig15 nificantly renovated visitor center that would

16 make the Park’s collection accessible to the public

17 through exhibits and research facilities; and

18 (C) call for improvements to the interpreta19 tion of the landscape and the circulation into

20 and through the Park;

21 (6) the Valley Forge Historical Society was es22 tablished in 1918 as a nonprofit organization to pre23 serve and interpret for future generations the signifi24 cant history and artifacts of the American Revolution

25 in their historic setting at Valley Forge;
17

S 581 RS

1 (7) the Society has amassed valuable holdings of

2 artifacts, art, books, and other document relating to

3 the encampment of Washington’s Continental Army

4 at Valley Forge during 1777 and 1778, the American

5 Revolution, and the American colonial era;

6 (8) the Society continues to acquire additional

7 important collections through bequests, exchanges, and

8 other acquisitions;

9 (9) the Society’s collection is housed in a facility

10 that is inadequate to properly maintain, preserve,

11 and display the ever growing collection;

12 (10) the Society would like to develop an up-to13 date museum and education facility;

14 (11) the Society and the National Park Service

15 have discussed the idea of a joint museum, education,

16 and visitor facility that would directly support the

17 historical, educational, and interpretive activities and

18 needs of the Park and the Society;

19 (12) the joint facility described in paragraph

20 (11) would—

21 (A) combine 2 outstanding museum collec22 tions; and

23 (B) provide an enhanced experience at Val24 ley Forge for visitors, scholars, and researchers;

25 and
18

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1 (13) the Society has submitted a proposal to

2 raise funds to construct a new museum, education,

3 and visitor center on Park property that would be

4 planned, developed, and operated jointly with the

5 Park.

6 (b) PURPOSE.—The purpose of this title is to authorize

7 the Secretary of the Interior to enter into an agreement with

8 the Society to construct and operate a museum within the

9 boundary of the Park.

10 SEC. 202. DEFINITIONS.

11 In this title:

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

13 Valley Forge Museum of the American Revolution.

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

15 Forge National Historical Park.

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

17 the Secretary of the Interior.

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

19 Valley Forge Historical Society.

20 SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REV21 OLUTION AUTHORIZATION.

22 (a) VALLEY FORGE MUSEUM AGREEMENT.—The Sec23 retary, in administering the Park, is authorized to enter

24 into an agreement with the Society to facilitate the plan-
19

S 581 RS

1 ning, construction, and operation of the Museum on Federal

2 land within the Park.

3 (b) SPECIFIC PURPOSES OF AGREEMENT.—The agree4 ment described in subsection (a) shall—

5 (1) authorize the Society—

6 (A) to operate the Museum in cooperation

7 with the Secretary;

8 (B) to provide Museum programs and serv9 ices related to the story of Valley Forge and the

10 American Revolution to visitors to the Park;

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

12 in activities appropriate for the operation of a

13 museum that may include—

14 (i) charging fees;

15 (ii) conducting events; and

16 (iii) selling merchandise, tickets, and

17 food to visitors to the Museum; and

18 (D) to occupy any structure constructed for

19 the term specified in the agreement described in

20 subsection (a), subject to—

21 (i) the conveyance by the Society to the

22 United States of the right, title, and interest

23 in any structure to be constructed at the

24 Park; and
20

S 581 RS

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

2 not be transferred or conveyed without the

3 express consent of the Secretary, to occupy

4 and use the structure—

5 (I) for the exhibit, preservation,

6 and interpretation of artifacts associ7 ated with the Valley Forge story and

8 the American Revolution;

9 (II) to enhance visitor experience

10 to the Park;

11 (III) to conduct appropriately re12 lated activities of the Society consistent

13 with its mission; and

14 (iii) any other terms and conditions as

15 may be determined by the Secretary;

16 (2) authorize the Secretary to undertake at the

17 Museum activities related to the management of the

18 Park, including the provision of appropriate visitor

19 information, interpretive facilities, and programs re20 lated to the Park; and

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

22 Museum’s facilities and services shall be used to offset

23 the expenses of the operation of the Museum.
21

S 581 RS

1 SEC. 204. PRESERVATION AND PROTECTION.

2 Nothing in the title authorizes the Secretary or the So3 ciety to act in derogation of the preservation and protection

4 of the values and resources of the Park.

Amend the title so as to read: ‘‘A bill to direct the

Secretary of the Interior to conduct a special resource

study to determine the suitability and feasibility of the

inclusion of the Brandywine Battlefield and the Paoli

Battlefield in the National Park System as part of the

Valley Forge National Historical Park, to authorize a

Valley Forge Museum of the American Revolution at Valley Forge National Historical Park, and for other purposes.’’.
Calendar No. 225

106TH CONGRESS

1ST SESSION S. 581

[Report No. 106–117]

A BILL

To protect the Paoli and Brandywine Battlefields in

National Historical Park, and for other purposes.seum of the American Revolution at Valley ForgePennsylvania, to authorize a Valley Forge MuJULY 21, 1999

Reported with an amendment and an amendment to the

title