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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5057 Referred in Senate (RFS)]

109th CONGRESS
  2d Session
                                H. R. 5057

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2006

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
   To authorize the Marion Park Project, a committee of the Palmetto 
 Conservation Foundation, to establish a commemorative work on Federal 
 land in the District of Columbia, and its environs to honor Brigadier 
                        General Francis Marion.

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

SECTION 1. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION 
              AND HIS FAMILY.

    (a) Findings.--The Congress finds that:
            (1) Francis Marion was born in 1732 in St. John's Parish, 
        Berkeley County, South Carolina. He married Mary Esther Videau 
        on April 20th, 1786. Francis and Mary Esther Marion had no 
        children, but raised a son of a relative as their own, and gave 
        the child Francis Marion's name.
            (2) Brigadier General Marion commanded the Williamsburg 
        Militia Revolutionary force in South Carolina and was 
        instrumental in delaying the advance of British forces by 
        leading his troops in disrupting supply lines.
            (3) Brigadier General Marion's tactics, which were unheard 
        of in rules of warfare at the time, included lightning raids on 
        British convoys, after which he and his forces would retreat 
        into the swamps to avoid capture. British Lieutenant Colonel 
        Tarleton stated that ``as for this damned old swamp fox, the 
        devil himself could not catch him''. Thus, the legend of the 
        ``Swamp Fox'' was born.
            (4) His victory at the Battle of Eutaw Springs in September 
        of 1781 was officially recognized by Congress.
            (5) Brigadier General Marion's troops are believed to be 
        the first racially integrated force fighting for the United 
        States, as his band was a mix of Whites, Blacks, both free and 
        slave, and Native Americans.
            (6) As a statesman, he represented his parish in the South 
        Carolina senate as well as his State at the Constitutional 
        Convention.
            (7) Although the Congress has authorized the establishment 
        of commemorative works on Federal lands in the District of 
        Columbia honoring such celebrated Americans as George 
        Washington, Thomas Jefferson, and Abraham Lincoln, the National 
        Capital has no comparable memorial to Brigadier General Francis 
        Marion for his bravery and leadership during the Revolutionary 
        War, without which the United States would not exist.
            (8) Brigadier General Marion's legacy must live on. At 
        present, and since 1878, United States Reservation 18 has been 
        officially referred to as Marion Park. Located between 4th and 
        6th Streets, S.E., at the intersection of E Street and South 
        Carolina Avenue, S.E., in Washington, DC, the park lacks a 
        formal commemoration to this South Carolina hero who was 
        important to the initiation of the Nation's heritage.
            (9) The time has come to correct this oversight so that 
        future generations of Americans will know and understand the 
        preeminent historical and lasting significance to the Nation of 
        Brigadier General Marion's contributions. Such a South Carolina 
        hero deserves to be given the proper recognition.
    (b) Authority to Establish Commemorative Work.--The Marion Park 
Project, a committee of the Palmetto Conservation Foundation, may 
establish a commemorative work on Federal land in the District of 
Columbia and its environs to honor Brigadier General Francis Marion and 
his service.
    (c) Compliance With Standards for Commemorative Works.--The 
commemorative work authorized by subsection (b) shall be established in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the Commemorative Works Act).
    (d) Use of Federal Funds Prohibited.--Federal funds may not be used 
to pay any expense of the establishment of the commemorative work 
authorized by subsection (b). The Marion Park Project, a committee of 
the Palmetto Conservation Foundation, shall be solely responsible for 
acceptance of contributions for, and payment of the expenses of, the 
establishment of that commemorative work.
    (e) Deposit of Excess Funds.--If, upon payment of all expenses of 
the establishment of the commemorative work authorized by subsection 
(b) (including the maintenance and preservation amount provided for in 
section 8906(b) of title 40, United States Code), or upon expiration of 
the authority for the commemorative work under chapter 89 of title 40, 
United States Code, there remains a balance of funds received for the 
establishment of that commemorative work, the Marion Park Project, a 
committee of the Palmetto Conservation Foundation, shall transmit the 
amount of the balance to the Secretary of the Treasury for deposit in 
the account provided for in section 8906(b)(1) of such title.
    (f) Definitions.--For the purposes of this section, the terms 
``commemorative work'' and ``the District of
Columbia and its environs'' have the meanings given to such terms in 
section 8902(a) of title 40, United States Code.

            Passed the House of Representatives July 24, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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